FEDERAL COURT OF AUSTRALIA

Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd (No 2) [2011] FCA 752

Citation:		Australian Competition and Consumer Commission v Willesee Healthcare Pty Ltd (No 2) [2011] FCA 752

Parties:		AUSTRALIAN COMPETITION AND CONSUMER COMMISSION v WILLESEE HEALTHCARE PTY LTD ACN 124 025 574, SOPHIE LEE-ANNE GEORGONICAS, THEOLIZA PTY LTD ACN 108 727 000, THETA LINE PTY LTD ACN 007 249 612, MARIA TERESA COLOSIMO, NEWLIFE PUBLISHING AND MARKETING PTY LTD ACN 123 522 074, RENEW YOU CENTRE FOR WELLBEING & LONGEVITY PTY LTD ACN 123 027 074, BOJAN SCHIANETZ and DZUNG KIEU PRICE

File number:		VID 859 of 2010

Judge:		DODDS-STREETON J

Date of judgment:		30 May 2011

Catchwords:		TRADE PRACTICES – misleading and deceptive conduct and false representations in relation to diagnosis, treatment and cure of allergies – undertakings and final orders by consent – expert evidence tendered supporting relief sought – power to grant declaratory relief by consent – principles applicable to imposition of pecuniary penalties – relief granted

Legislation:		Competition and Consumer Act 2010 (Cth) Trade Practices Act 1975 (Cth), ss 52, 53(aa), 53(c), 55A, 76, 76E Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Cth) Schedule 7 item 6

Cases cited:		ACCC v AI Constructions (ACT) Pty Ltd [2010] FCA 1377 cited ACCC v Allergy Pathway Pty Ltd [2009] FCA 960 cited ACCC v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74 cited ACCC v April International Marketing Services Australia Pty Ltd (No 5) [2010] FCA 17 cited ACCC v CI & Co Pty Ltd [2010] FCA 1511 cited ACCC v Cosic Holdings Pty Ltd [2009] FCA 1579 cited ACCC v Global One Mobile Entertainment Ltd [2011] FCA 393 cited ACCC v Gourmet Goody’s Family Restaurant Pty Ltd (t/as Steersons Steakhouse) [2010] FCA 1216 cited ACCC v Leahy Petroleum (No 3) (2005) 215 ALR 301 cited ACCC v Le Sands Restaurant & Ors [2011] FCA 105 cited ACCC v Liquorland (Australia) Pty Ltd [2005] FCA 683 cited ACCC v MSY Technology Pty Ltd (No. 2) [2011] FCA 382 not followed ACCC v Telstra Corporation Ltd (2010) 188 FCR 238 cited ACCC v Willesee Healthcare Pty Ltd [2011] FCA 301 cited ACCC v Yellow Page Marketing BV (No 2) [2011] FCA 352 cited BMI Ltd v Federated Clerks Union of Australia (1983) 76 FLR 141 distinguished Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 cited Hartnell v Sharp Corporation of Australia Pty Ltd (1975) 5 ALR 493 cited J McPhee & Son (Australia) Pty Ltd & Ors v ACCC (2000) 172 ALR 532 cited Markarian v The Queen (2005) 228 CLR 357 cited Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72 cited NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 cited Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438 cited Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 cited Wallersteiner v Moir [1974] 1 WLR 991 cited

Date of hearing:	30 May 2011

Date of publication of reasons:	4 July 2011

Date of last submissions:	30 May 2011

Place:	Melbourne

Division:	GENERAL DIVISION

Category:	Catchwords

Number of paragraphs:	73

Counsel for the Applicant:	Mr P Solomon SC with Mr A Bell

Solicitor for the Applicant:	Corrs Chambers Westgarth

Counsel for the Eighth and Ninth Respondents:	Mr R Frigo

Solicitor for the Eighth and Ninth Respondents:	Provest Law

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 859 of 2010

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND:

WILLESEE HEALTHCARE PTY LTD ACN 124 025 574

First Respondent

SOPHIE LEE-ANNE GEORGONICAS

Second Respondent

THEOLIZA PTY LTD ACN 108 727 000

Third Respondent

THETA LINE PTY LTD ACN 007 249 612

Fourth Respondent

MARIA TERESA COLOSIMO

Fifth Respondent

NEWLIFE PUBLISHING AND MARKETING PTY LTD ACN 123 522 074

Sixth Respondent

RENEW YOU CENTRE FOR WELLBEING & LONGEVITY PTY LTD ACN 123 027 074

Seventh Respondent

BOJAN SCHIANETZ

Eighth Respondent

DZUNG KIEU PRICE

Ninth Respondent

JUDGE:	DODDS-STREETON J
DATE OF ORDER:	30 MAY 2011
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

For the purposes of this Order, the following definitions apply:

1. allergy or allergies refer to a physical hypersensitivity in an individual to certain substances which are normally harmless (such as pollen, foods and fruits) and which produce an allergic reaction in that individual and which may be initiated by:

(a) contact with the skin;

(b) inhalation;

(d) injection;

2. allergen refers to a substance which elicits an allergic reaction in an individual; and

3. allergic reaction is an immunological process of specific allergen recognition and response.

UPON THE SIXTH, SEVENTH, EIGHTH AND NINTH RESPONDENTS giving the undertakings in Annexure 1 to this Order:

THE COURT DECLARES THAT:

1 Each of the Sixth Respondent (Newlife) and Seventh Respondent (Renew You), from on or about 12 April 2008 until on or about 8 October 2010 has, in trade or commerce:

(a) engaged in conduct that was misleading and deceptive or was likely to mislead and deceive, in contravention of section 52 of the Trade Practices Act 1974 (Cth) (the Act);

(b) in connexion with the supply or possible supply of goods purporting to test for and treat allergies and in connexion with the promotion of the supply of such goods, falsely represented that the goods were of a particular quality, in contravention of section 53(a) of the Act;

(c) in connexion with the supply or possible supply of services purporting to test for and treat allergies and in connexion with the promotion of the supply of such services, falsely represented that the services were of a particular quality, in contravention of section 53(aa) of the Act;

(d) in connexion with the supply or possible supply of goods and services purporting to test for and treat allergies and in connexion with the promotion of the supply of such goods and services, represented that the goods and services had performance characteristics, uses or benefits they did not have, in contravention of section 53(c) of the Act;

(e) engaged in conduct that was liable to mislead the public as to the nature or characteristics of goods purporting to test for and treat allergies or the suitability for their purpose of such goods, in contravention of section 55 of the Act; and

(f) engaged in conduct that was liable to mislead the public as to the nature or characteristics of services purporting to test for and treat allergies or the suitability for their purpose of such services, in contravention of section 55A of the Act,

by publishing or causing to be published,

(g) on the internet websites:

(i) http://www.allergyreliefnow.com.au;

(ii) http://www.renewyoujourney.com.au;

(iii) http://www.allergyhelp.com.au;

(iv) http://www.BioFastallergyfree.com;

(v) http://www.freefromallergies.com;

(vi) http://www.newlifewellbeing.com;

(vii) http://www.allergyfreechild.com;

(viii) http://www.peanutallergyfree.com;

(ix) http://www.chihealthinnovations.com;

(x) http://www.yourallergyfreechild.com;

(xi) http://www.1allergyhelp.com; and

(xii) http://www.endallergiesnow.com;

(collectively Newlife and Renew You Websites)

(h) on the video recordings known as:

(i) “Child Allergy Home Treatment”;

(ii) “1st Allergy Help Online Training”, “1st Allergy Help Intro”, or “End of Allergies Online Training”;

(iii) “1st Allergy Help”;

(iv) “Free Allergy Secret Revealed”;

(v) “Is There a Cure for a Peanut Allergy”; and

(vi) “How to Reverse Your Allergies” or “How to Reverse your Child Allergies”;

(i) in the brochures known as:

(i) “Heal Your Child’s Allergies At Home – Easily and Naturally!”;

(ii) “The Special Allergy Report”;

(iii) “Welcome to the Renew You Journey”; and

(iv) “Naturally Overcome the Peanut Allergy Epidemie [sic]: Special Report”;

(j) in the printed book known as “Your Allergy Free Child”;

(k) in the electronic book known as “Your Allergy Free Child”;

(l) on the video DVDs known as:

(i) “What you have to know to win the allergy war”; and

(ii) “The Art of Reliable Muscle Testing to Improve Your Health and Life”;

(m) on the audio CD known as “Overcoming your allergies”;

(n) in printed advertisements published in:

(i) Issue 51 of Jigsaw magazine;

(ii) the April 12-13, 2008 edition of Paradise magazine; and

(iii) the August/September 2009 edition of Living Now magazine;

the statements:

(o) referred to in Part 1 of Schedule A to this Order and thereby representing that Newlife and Renew You could test for and identify a substance to which a person was reacting and which was therefore an allergen for that person and/or a substance to which that person is allergic, when neither Newlife nor Renew You could test for and identify an allergen for a person nor a substance to which that person is allergic;

(p) referred to in Part 2 of Schedule A and thereby representing that Newlife and Renew You could:

(i) cure or eliminate all or virtually all allergies, or allergic reactions, when neither Newlife nor Renew You could cure or eliminate all or virtually all allergies, or allergic reactions; and

(ii) successfully treat a person’s allergies or allergic reactions, when neither Newlife nor Renew You could successfully treat a person’s allergies or allergic reactions;

(q) referred to in Part 3 of Schedule A and thereby representing that after treatment from Newlife or Renew You it would then be safe to have, and there would no longer be any risk or would be a reduced risk in the person having, contact with the substance or allergen to which that person had previously had an adverse reaction, when none of the treatments offered by Newlife or Renew You could achieve the result of reducing the risk to a person arising from any contact with a substance or allergen to which the person had previously had an adverse reaction, but rather any previous risk continued to exist;

(r) referred to in Part 4 of Schedule A and thereby representing that Newlife and Renew You could teach or instruct parents or carers of children in techniques which could be used by them to test for and identify a substance to which a child was reacting and which was therefore an allergen for that child and/or a substance to which that child was allergic, when the techniques taught or instructed by Newlife and Renew You could not test for or identify an allergen for a child nor a substance to which that child was allergic;

(s) referred to in Part 5 of Schedule A and thereby representing that Newlife and Renew You could:

(i) teach or instruct parents or carers of children in techniques which could be used by them to cure or eliminate all or virtually all allergies, or allergic reactions, in children, when the techniques taught or instructed by Newlife and Renew You could not cure or eliminate all or virtually all allergies, or any allergic reactions; and

(ii) teach or instruct parents or carers of children in techniques which could be used by them to successfully treat a child’s allergies or allergic reactions, when the techniques taught or instructed by Newlife and Renew You could not successfully treat a child’s allergies or allergic reactions; and

(t) referred to in Part 6 of Schedule A and thereby representing that following the application of the techniques taught or instructed by Newlife and Renew You on a child by parents or carers of children, it would then be safe for the child to have, and there would no longer be any risk or would be a reduced risk in a child having, contact with the substance or allergen to which the child had previously had an adverse reaction, when none of the techniques taught or instructed by Newlife or Renew You could achieve the result of reducing the risk to a child arising from any contact with a substance or allergen to which the child had previously had an adverse reaction, but rather any previous risk continued to exist.

2 The Eighth Respondent (Schianetz), from on or about 12 March 2009 until on or about 8 October 2010 has (by the operation of section 6(3) of the Act), in trade or commerce:

(a) engaged in conduct that was misleading and deceptive or was likely to mislead and deceive, in contravention of section 52 of the Act;

(b) in connexion with the supply or possible supply of services purporting to test for and treat allergies and in connexion with the promotion of the supply of such services, falsely represented that the services were of a particular quality, in contravention of section 53(aa) of the Act;

(c) in connexion with the supply or possible supply of services purporting to test for and treat allergies and in connexion with the promotion of the supply of such services, represented that the services had performance characteristics, uses or benefits they did not have, in contravention of section 53(c) of the Act; and

(d) engaged in conduct that was liable to mislead the public as to the nature or characteristics of services purporting to test for and treat allergies or the suitability for their purpose of such services, in contravention of section 55A of the Act,

by publishing or causing to be published by the use of telephonic and postal services,

(e) on the websites:

(i) http://www.1allergyhelp.com; and

(ii) http://www.endallergiesnow.com;

(f) on the video recordings known as:

(i) “1st Allergy Help Online Training”, “1st Allergy Help Intro”, or “End of Allergies Online Training”;

(ii) “1st Allergy Help”;

(iii) “Free Allergy Secret Revealed”; and

(iv) “Is There a Cure for a Peanut Allergy”;

(g) in the brochures known as:

(i) “The Special Allergy Report”;

(ii) “Welcome to the Renew You Journey”; and

(iii) Naturally Overcome the Peanut Allergy Epidemie [sic]: Special Report”; and

(h) in an article published in Issue No. 51 of Jigsaw Magazine;

the statements:

(i) referred to in Part 1 of Schedule B to this Order and thereby representing that Schianetz, Newlife and Renew You could test for and identify a substance to which a person was reacting and which was therefore an allergen for that person and/or a substance to which that person is allergic, when none of Schianetz, Newlife or Renew You could test for and identify an allergen for a person nor a substance to which that person is allergic;

(j) referred to in Part 2 of Schedule B and thereby representing that Schianetz, Newlife and Renew You could:

(i) cure or eliminate all or virtually all allergies, or allergic reactions, when none of Schianetz, Newlife or Renew You could cure or eliminate all or virtually all allergies, or allergic reactions; and

(ii) successfully treat a person’s allergies or allergic reactions, when none of Schianetz, Newlife or Renew You could successfully treat a person’s allergies or allergic reactions;

(k) referred to in Part 3 of Schedule B and thereby representing that after treatment from Schianetz, Newlife or Renew You it would then be safe to have, and there would no longer be any risk or would be a reduced risk in the person having, contact with the substance or allergen to which that person had previously had an adverse reaction, when none of the treatments offered by Schianetz, Newlife or Renew You could achieve the result of reducing the risk to a person arising from any contact with a substance or allergen to which the person had previously had an adverse reaction, but rather any previous risk continued to exist;

(l) referred to in Part 4 of Schedule B and thereby representing that Schianetz, Newlife and Renew You could teach or instruct parents or carers of children in techniques which could be used by them to test for and identify a substance to which a child was reacting and which was therefore an allergen for that child and/or a substance to which that child was allergic, when none of the techniques taught or instructed by Schianetz, Newlife or Renew You could test for or identify an allergen for a child nor a substance to which that child was allergic;

(m) referred to in Part 5 of Schedule B and thereby representing that Schianetz, Newlife and Renew You could:

(i) teach or instruct parents or carers of children in techniques which could be used by them to cure or eliminate all or virtually all allergies, or allergic reactions, in children, when none of the techniques taught or instructed by Schianetz, Newlife or Renew You could cure or eliminate all or virtually all allergies, or allergic reactions; and

(ii) teach or instruct parents or carers of children in techniques which could be used by them to successfully treat a child’s allergies or allergic reactions, when none of the techniques taught or instructed by Schianetz, Newlife or Renew You could successfully treat a child’s allergies or allergic reactions; and

(n) referred to in Part 6 of Schedule B and thereby representing that following the application of the techniques taught or instructed by Schianetz, Newlife and Renew You on a child by parents or carers of children, it would then be safe for the child to have, and there would no longer be any risk or would be a reduced risk in a child having, contact with the substance or allergen to which the child had previously had an adverse reaction, when none of the techniques taught or instructed by Schianetz, Newlife or Renew You could achieve the result of reducing the risk to a child arising from any contact with a substance or allergen to which the child had previously had an adverse reaction, but rather any previous risk continued to exist.

3 The Ninth Respondent (Price), from on or about 12 September 2009 until on or about 8 October 2010 has (by the operation of section 6(3) of the Act), in trade or commerce:

(a) engaged in conduct that was misleading and deceptive or was likely to mislead and deceive, in contravention of section 52 of the Act;

by publishing or causing to be published by the use of telephonic and postal services,

(g) on the websites:

(i) http://www.yourallergyfreechild.com; and

(ii) http://www.eternitycrystalbeauty.com;

(h) on the video recordings known as:

(i) “Child Allergy Home Treatment”; and

(ii) “How to Reverse Your Allergies” or “How to Reverse your Child Allergies”;

(i) on the video DVD known as “The Art of Reliable Muscle Testing to Improve Your Health and Life”;

(j) on the audio CD recording known as “Overcoming Your Allergies”;

(k) in the brochure known as “Heal Your Child’s Allergies At Home – Easily and Naturally!”;

(l) in the printed book known as “Your Allergy Free Child”; and

(m) in the electronic book known as “Your Allergy Free Child”;

the statements:

(n) referred to in Part 1 of Schedule C to this Order and thereby representing that Price, Newlife and Renew You could test for and identify a substance to which a person was reacting and which was therefore an allergen for that person and/or a substance to which that person is allergic, when none of Price, Newlife or Renew You could test for and identify an allergen for a person nor a substance to which that person is allergic;

(o) referred to in Part 2 of Schedule C and thereby representing that Price, Newlife and Renew You could:

(i) cure or eliminate all or virtually all allergies, or allergic reactions, when none of Price, Newlife or Renew You could cure or eliminate all or virtually all allergies, or allergic reactions; and

(ii) successfully treat a person’s allergies or allergic reactions, when none of Price, Newlife or Renew You could successfully treat a person’s allergies or allergic reactions;

(p) referred to in Part 3 of Schedule C and thereby representing that after treatment from Price, Newlife or Renew You it would then be safe to have, and there would no longer be any risk or would be a reduced risk in the person having, contact with the substance or allergen to which that person had previously had an adverse reaction, when none of the treatments offered by Price, Newlife or Renew You could achieve the result of reducing the risk to a person arising from any contact with a substance or allergen to which the person had previously had an adverse reaction, but rather any previous risk continued to exist.

(q) referred to in Part 4 of Schedule C and thereby representing that Price, Newlife and Renew You could teach or instruct parents or carers of children in techniques which could be used by them to test for and identify a substance to which a child was reacting and which was therefore an allergen for that child and/or a substance to which that child was allergic, when none of the techniques taught or instructed by Price, Newlife or Renew You could test for or identify an allergen for a child nor a substance to which that child was allergic;

(r) referred to in Part 5 of Schedule C and thereby representing that Price, Newlife and Renew You could:

(i) teach or instruct parents or carers of children in techniques which could be used by them to cure or eliminate all or virtually all allergies, or allergic reactions, in children, when none of the techniques taught or instructed by Price, Newlife or Renew You could cure or eliminate all or virtually all allergies, or allergic reactions; and

(ii) teach or instruct parents or carers of children in techniques which could be used by them to successfully treat a child’s allergies or allergic reactions, when none of the techniques taught or instructed by Price, Newlife or Renew You could successfully treat a child’s allergies or allergic reactions; and

(s) referred to in Part 6 of Schedule C and thereby representing that following the application of the techniques taught or instructed by Price, Newlife and Renew You on a child by parents or carers of children, it would then be safe for the child to have, and there would no longer be any risk or would be a reduced risk in a child having, contact with the substance or allergen to which the child had previously had an adverse reaction, when none of the techniques taught or instructed by Price, Newlife or Renew You could achieve the result of reducing the risk to a child arising from any contact with a substance or allergen to which the child had previously had an adverse reaction, but rather any previous risk continued to exist.

THE COURT ORDERS THAT:

Newlife and Renew You Pecuniary Penalties

4 Newlife and Renew You pay to the Commonwealth of Australia a pecuniary penalty totalling $125,000.00 in respect of their conduct in contravention of sections 53(a), 53(aa), 53(c), 55 and 55A of the Act referred to in paragraph 1 insofar as the conduct concerns representations made on or after 15 April 2010.

Newlife and Renew You Corrective Advertising

5 Newlife and Renew You jointly cause to be published, at their own expense, within 60 days of the date of this Order, a corrective advertisement in the form of Annexure 2 to this Order in each of:

(a) “Paradise”;

(b) “Jigsaw”; and

printed magazines, and further that Newlife and Renew You shall use their best endeavours to ensure that such advertisement shall be:

(d) of a size not less than one half of one page;

(e) in text which is in type not less than 10 point; and

(f) placed in the first half of the magazine.

6 Newlife and Renew You jointly cause to be published, at their own expense, within 14 days of the date of this Order, a notice in the terms and form of Annexure 2 to this Order which notice is to be affixed on the front counter and displayed at the point of sale at each clinic operated by Newlife and Renew You, or either of them, for a continuous period of 60 days and in a manner such that the notice is not obscured.

7 Newlife and Renew You jointly cause to be published, at their own expense, within 14 days of the date of this Order, a notice in the terms and form of Annexure 3 to this Order (Newlife and Renew You Website Notice) on each of the Newlife and Renew You websites as defined in paragraph (g) and, if the URL of any such website is replaced or changed, the Internet home page of the corresponding website, for a continuous period of 60 days and use their best endeavours to ensure that:

(a) the Newlife and Renew You Website Notice shall be viewable by clicking a ‘click-through’ icon located on each of the Newlife and Renew You Websites;

(b) the ‘click-through’ icon referred to in the previous sub-paragraph is located at the top of the homepage of each of the Newlife and Renew You Websites and any corresponding websites;

(c) the ‘click-through’ icon shall contain the words “False and Misleading Conduct by Newlife and Renew You – Corrective Notice Ordered by Federal Court of Australia” prominently in red text on a black background and the words “click here”;

(d) the Newlife and Renew You Website Notice shall occupy the entire webpage that is accessed via the “click-through” icon referred to above; and

(e) neither the homepage of any of the Newlife and Renew You Websites nor any of the webpages that are accessed via the “click-through” icon referred to above shall have in place any mechanism which would preclude search engines from:

(i) indexing the page; or

(ii) scanning the page for links to follow.

8 Newlife and Renew You jointly cause to be published, at their own expense, within 30 days of the date of this Order, a videotaped version of Annexure 3 (which shall include the entire text of the Annexure 3 and no additional text, displayed legibly and read clearly on the video recording), on each of the following websites:

(a) http://www.youtube.com (on the “RenewyouGroup” channel located at http://www.youtube.com/user/RenewyouGroup);

(b) http://www.vimeo.com (on the “NewLife Marketing and Publishing” channel located at http://vimeo.com/user1222531);

(c) http://www.metacafe.com (on the “endallergies now” channel located at http://www.metacafe.com/channels/endallergiesnow);

(d) http://www.kewego.com (on the “endallergiesnow” channel located at http://endallergiesnow.kewego.com); and

(e) http://video.yahoo.com (on the “endallergiesnow” channel located at http://video.yahoo.com/people/6588529),

with the subject “False, Misleading and Deceptive Conduct by Newlife and Renew You” and no other descriptive information (other than as required by the website to publish the video), and in a manner which makes the video recording available to the public on each such website for a continuous period of no less than 60 days and includes the video recording on any indexing service offered at no cost by the website.

9 Newlife and Renew You jointly cause to be published and distributed, at their own expense, within 21 days of the date of this Order, a letter in the terms and form of Annexure 4 to this Order to all persons to whom either or both have provided goods or services purporting to test for or treat allergies at the date of this Order or who were such persons during any period from 12 April 2008 until the date of this Order.

10 Each of Newlife and Renew You file and serve on the ACCC within 70 days of the date of this Order an affidavit of its proper officer verifying that it has carried out its obligations under the Order under paragraphs 5 to 9 above, detailing what it has done, including:

(a) in respect of paragraph 5 above, providing a copy of the corrective advertisement as published in each of the magazines;

(b) in respect of paragraphs 6 to 8 above, detailing how the 60 day period ordered has to date been and will continue to be complied with; and

(i) a copy of one letter as distributed to a person; and

(ii) a list of the persons to whom the letter was sent and the address to which the letter was sent.

Newlife and Renew You Compliance Training

11 Each of Newlife and Renew You:

(a) shall require each of their respective officers and practitioners, and each of their respective employees who associate with the public as part of their regular duties (including without limitation, to the extent they remain affiliated with Newlife or Renew You, Dzung Price, Bojan Schianetz and Valeria Astorga) to attend, not less than once annually for a period of 3 years from the date of this Order, practical training regarding Parts 2-1 and 3-1 of Schedule 2 of the Competition and Consumer Act 2010 (Cth), such training to be paid for by Newlife and Renew You and conducted by a compliance or legal practitioner with suitable qualifications or experience in trade practices law; and

(b) shall provide to the ACCC within 14 days of the completion of such annual training an affidavit:

(i) verifying that such training has occurred; and

(ii) stating precisely the date the training occurred, the topics that were covered and the name of the person who provided the training.

Schianetz Pecuniary Penalty

12 Schianetz pay to the Commonwealth of Australia a pecuniary penalty in the sum of $30,000.00 in respect of his conduct in contravention of sections 53(aa), 53(c) and 55A of the Act referred to in paragraph 2 insofar as the conduct concerns representations made on or after 15 April 2010.

Schianetz Corrective Advertising

13 Schianetz cause to be published, at his own expense, within 30 days of the date of this Order, a videotaped version of Annexure 5 (which shall include the entire text of Annexure 5 and no additional text, displayed legibly and read clearly on the video recording), on http://www.youtube.com (on the “BojanSchianetz” channel located at http://www.youtube.com/user/BojanSchianetz), with the subject “False, Misleading and Deceptive Conduct by Bojan Schianetz” and no other descriptive information (other than as required by the website to publish the video), and in a manner which makes the video recording available to the public on each such website for a continuous period of no less than 60 days and includes the video recording on any indexing service offered at no cost by the website.

14 Schianetz cause to be published and distributed, at his own expense, within 21 days of the date of this Order, a letter in the terms and form of Annexure 4 to this application to all persons to whom Schianetz has provided services purporting to test for or treat allergies at the date of this Order or who were such persons during any period from 12 March 2009 until the date of this Order, but excluding any person to whom a letter has been issued in accordance with paragraph 9.

15 Schianetz file and serve on the ACCC within 70 days of the date of this Order an affidavit verifying that he has carried out his obligations under the Order under paragraphs 13 and 14 above, detailing what he has done, including:

(a) in respect of paragraph 13 above, detailing how the 60 day period ordered has to date been and will continue to be complied with; and

(b) in respect of paragraph 14 above, providing:

(i) a copy of one letter as distributed to a person; and

(ii) a list of the persons to whom the letter was sent and the address to which the letter was sent.

Schianetz Compliance Training

16 Schianetz:

(a) shall attend not less than once annually for a period of 3 years from the date of this Order, practical training regarding Parts 2-1 and 3-1 of Schedule 2 of the Competition and Consumer Act 2010 (Cth), such training to be paid for by Schianetz and conducted by a compliance or legal practitioner with suitable qualifications or experience in trade practices law (Schianetz may meet the requirements of this paragraph 16 during any annual period by attending during that period one of the training sessions referenced in paragraph (a)); and

(b) shall provide to the ACCC within 14 days of the completion of such annual training an affidavit:

(i) verifying that such training has occurred; and

(ii) stating precisely the date the training occurred, the topics that were covered and the name of the person who provided the training.

Price Pecuniary Penalty

17 Price pay to the Commonwealth of Australia a pecuniary penalty in the amount of $30,000.00 in respect of her conduct in contravention of sections 53(a), 53(aa), 53(c), 55 and 55A of the Act referred to in paragraph 3 insofar as the conduct concerns representations made on or after 15 April 2010.

Price Corrective Advertising

18 Price cause to be published, at her own expense, within 21 days of the date of this Order, a notice in the terms and form of Annexure 6 to this Order (the Price Website Notice) on the Eternity Crystal Beauty Website at http://www.eternitycrystalbeauty.com and, if any such URL is replaced or changed, the Internet home page of the corresponding website, for a continuous period of 60 days and use her best endeavours to ensure that:

(a) the Price Website Notice shall be viewable by clicking a ‘click-through’ icon located on the Eternity Crystal Beauty Website;

(b) the ‘click-through’ icon referred to in the previous sub-paragraph is located at the top of the homepage of the Eternity Crystal Beauty Website and/or any corresponding websites;

(c) the ‘click-through’ icon shall contain the words “False and Misleading Conduct by Dr Dzung Price – Corrective Notice Ordered by Federal Court of Australia” prominently in red text on a black background and the words “click here”;

(d) the Price Website Notice shall occupy the entire webpage that is accessed via the “click-through” icon referred to above; and

(e) neither the homepage of the Eternity Crystal Beauty Website nor the webpage that is accessed via the “click-through” icon referred to above shall have in place any mechanism which would preclude search engines from:

(i) indexing the page; or

(ii) scanning the page for links to follow.

19 Price cause to be published, at her own expense, within 30 days of the date of this Order, a videotaped version of Annexure 6 (which shall include the entire text of Annexure 6 and no additional text, displayed legibly and read clearly on the video recording), on the webpage referenced in paragraph (d) above, with the subject “False, Misleading and Deceptive Conduct by Dr Dzung Price” and no other descriptive information, and in a manner which makes the video recording available to the public on each such website for a continuous period of no less than 60 days.

20 Price cause to be published and distributed, at her own expense, within 21 days of the date of this Order, a letter in the terms and form of Annexure 4 to this application to all persons to whom Price has provided goods or services purporting to test for or treat allergies at the date of this Order or who were such persons during any period from 14 October 2009 until the date of this Order, but excluding any person to whom a letter has been issued in accordance with paragraph 9.

21 Price file and serve on the ACCC within 70 days of the date of this Order an affidavit verifying that she has carried out her obligations under the Order under paragraphs 18 to 20 above, detailing what she has done, including:

(a) in respect of paragraph 18 and 19 above, detailing how the 60 day period ordered has to date been and will continue to be complied with; and

(b) in respect of paragraph 20 above, providing:

(i) a copy of one letter as distributed to a person; and

(ii) a list of the persons to whom the letter was sent and the address to which the letter was sent.

Price Compliance Training

22 Price:

(a) shall attend not less than once annually for a period of 3 years from the date of this Order, practical training regarding Parts 2-1 and 3-1 of Schedule 2 of the Competition and Consumer Act 2010 (Cth), such training to be paid for by Price and conducted by a compliance or legal practitioner with suitable qualifications or experience in trade practices law (Price may meet the requirements of this paragraph 22 during any annual period by attending during that period one of the training sessions referenced in paragraph (a)); and

(b) shall provide to the ACCC within 14 days of the completion of such annual training an affidavit:

(i) verifying that such training has occurred; and

(ii) stating precisely the date the training occurred, the topics that were covered and the name of the person who provided the training.

Other Orders

23 Newlife pay the ACCC’s costs of and incidental to the proceeding in the sum of $1,000.00 within 30 days of the date of this Order.

24 Renew You pay the ACCC’s costs of and incidental to the proceeding in the sum of $1,000.00 within 30 days of the date of this Order.

25 Schianetz pay the ACCC’s costs of and incidental to the proceeding in the sum of $1,000.00 within 30 days of the date of this Order.

26 Price pay the ACCC’s costs of and incidental to the proceeding in the sum of $1,000.00 within 30 days of the date of this Order.

PENALTY NOTICE TO THE SIXTH, SEVENTH, EIGHTH AND NINTH RESPONDENTS

(Order 37 rule 2(3))

IF YOU:

(A) REFUSE OR NEGLECT TO DO ANY ACT WITHIN THE TIME SPECIFIED IN THIS ORDER FOR THE DOING OF THE ACT; OR

(B) DISOBEY THE ORDER BY DOING AN ACT WHICH THE ORDER REQUIRES YOU TO ABSTAIN FROM DOING,

YOU WILL BE LIABLE TO IMPRISONMENT, SEQUESTRATION OF PROPERTY OR OTHER PUNISHMENT.

ANNEXURE 2

Information Notice

An important message from

Newlife Publishing and Marketing Pty Ltd and

Renew You Centre for Wellbeing and Longevity Pty Ltd

False, misleading and deceptive conduct by Newlife Publishing and Marketing Pty Ltd and Renew You Centre for Wellbeing and Longevity Pty Ltd

The Australian Competition and Consumer Commission (ACCC) commenced proceedings against Newlife Publishing and Marketing Pty Ltd (Newlife) and Renew You Centre for Wellbeing and Longevity Pty Ltd (Renew You) in the Federal Court of Australia for contravention of the Trade Practices Act 1974 (TPA) in relation to representations made by Newlife and Renew You. Renew You operates the Renew You Centre for Wellbeing and Longevity clinics located in Brisbane and the Gold Coast.

Newlife and Renew You made the representations in relation to their purported ability to diagnose and treat allergies. An allergy is a physical hypersensitivity which produces an allergic reaction through an immunological process.

The representations were made in written and videotaped statements published and adopted on various websites operated by Newlife and Renew You and also in printed and electronic brochures and booklets available from those websites, in videotaped statements on third-party websites such as http://www.youtube.com and similar websites, on CDs and DVDs sold over the internet and distributed at clinics, in printed and electronic books, in electronic mail messages, and in magazine advertisements.

The ACCC, Newlife and Renew You have agreed to settle the proceedings. Newlife and Renew You have consented to declarations by the Court that Newlife and Renew You’s conduct contravened the TPA because they made false, misleading and deceptive representations that:

1. They could test for and identify allergies, when they could not.

2. They could successfully treat a person’s allergies or allergic reactions, or that they could cure or eliminate all or virtually all allergies or allergic reactions, when they could not.

3. Following treatment, it would then be safe, or less risky, for a person to have contact with the substance or allergen to which the person had previously had an adverse reaction, when it would not be safe or less risky.

4. They could teach or instruct parents or carers of children in techniques which could be used to test for and identify allergies, when they could not.

5. They could teach or instruct parents or carers of children in techniques which could be used to treat a child’s allergies or allergic reactions or to cure or eliminate all or virtually all allergies, or allergic reactions, in children, when they could not.

6. Following the application of certain techniques taught by them to parents or carers of children, it would then be safe, or less risky, for the child to have contact with the substance or allergen to which the child had previously had an adverse reaction, when it would not be safe or less risky.

As part of its orders, by consent of the parties, the Court accepted undertakings from Newlife and Renew You that they would not engage in similar conduct for a period of 3 years and required them to jointly pay pecuniary penalties in the amount of $125,000.00 together with the ACCC’s costs of the proceeding. The Court also required Newlife and Renew You to publish corrective notices including this notice and to provide trade practices compliance training for their employees.

ANNEXURE 3

An important message from
Newlife Publishing and Marketing Pty Ltd and Renew You Centre for Wellbeing and Longevity Pty Ltd

False, misleading and deceptive conduct by Newlife Publishing and Marketing Pty Ltd and Renew You Centre for Wellbeing and Longevity Pty Ltd

The representations were made in written and videotaped statements published and adopted on various websites operated by Newlife and Renew You and also in printed and electronic brochures and booklets available from the above websites, in videotaped recordings on third-party websites such as http://www.youtube.com and similar websites, on CDs and DVDs sold over the internet and distributed at clinics, in printed and electronic books, in electronic mail messages, and in magazine advertisements.

1. They could test for and identify allergies, when they could not.

2. They could successfully treat a person’s allergies or allergic reactions, or that they could cure or eliminate all or virtually all allergies or allergic reactions, when they could not.

4. They could teach or instruct parents or carers of children in techniques which could be used to test for and identify allergies, when they could not.

As part of its orders, by consent of the parties, the Court:

· accepted undertakings from Newlife and Renew You that they would not engage in similar conduct for a period of 3 years;

· required Newlife and Renew You to jointly pay pecuniary penalties in the amount of $125,000.00 together with the ACCC’s costs of the proceeding; and

· required Newlife and Renew You to publish corrective notices including this notice and to provide trade practices compliance training for their employees.

ANNEXURE 4

(Newlife and Renew You logo and letterhead)

(Date)

(To Newlife, Renew You, Schianetz and/or Price client)

Dear Sir / Madam,

False, misleading and deceptive conduct by Newlife, Renew You, Dr Dzung Price and Bojan Schianetz

The Australian Competition and Consumer Commission commenced proceedings against Newlife Publishing and Marketing Pty Ltd (Newlife), Renew You Centre for Wellbeing and Longevity Pty Ltd (Renew You), Bojan Schianetz (Schianetz) and Dr Dzung Price (Price) in the Federal Court of Australia for contravention of the Trade Practices Act 1974 (TPA) in relation to representations made by them. Renew You operates the Renew You Centre for Wellbeing and Longevity clinics located in Brisbane and the Gold Coast.

Newlife, Renew You, Schianetz and Price made the representations in the course of carrying on and promoting the purported allergy diagnosis and treatment business of Newlife and Renew You. An allergy is a physical hypersensitivity which produces an allergic reaction through an immunological process.

The representations were made in written and videotaped statements published and adopted on various websites operated by them and also in printed and electronic brochures and booklets available from those websites, in videotaped statements on third-party websites such as http://www.youtube.com and similar websites, on CDs and DVDs sold over the internet and distributed at clinics, in printed and electronic books, in electronic mail messages, and in magazine advertisements.

The Court has declared that the conduct of Newlife, Renew You, Schianetz and Price contravened the TPA because they made false, misleading and deceptive representations that:

1. They could test for and identify a substance to which a person was allergic, when they could not.

2. They could successfully treat a person’s allergies or allergic reactions, or that they could cure or eliminate all or virtually all allergies or allergic reactions, when they could not.

4. They could teach or instruct parents or carers of children in techniques which could be used to test for and identify a substance to which a child was allergic, when they could not.

As part of its orders, by consent of the parties, the Court accepted undertakings from Newlife, Renew You, Schianetz and Price that they would not engage in similar conduct for a period of 3 years, and required them to publish corrective notices, send this corrective letter, and pay the ACCC’s costs of the proceeding. The Court also ordered Newlife and Renew You to jointly pay pecuniary penalties in the amount of $125,000.00, and Schianetz and Price to each pay pecuniary penalties in the amount of $30,000. The Court also ordered Newlife and Renew You to provide trade practices compliance training for their employees, and ordered Schianetz and Price to attend such training.

Yours faithfully,

(Signature of Newlife’s Proper Officer) (Signature of Renew You’s Proper Officer)

ANNEXURE 5

An important message from
Bojan Schianetz

False, misleading and deceptive conduct by Bojan Schianetz

The Australian Competition and Consumer Commission (ACCC) commenced proceedings against Bojan Schianetz (Schianetz) in the Federal Court of Australia for contravening the Trade Practices Act 1974 (TPA) by engaging in false, misleading and deceptive conduct.

Schianetz made representations in relation to his purported ability, or the purported ability of Newlife Publishing and Marketing Pty Ltd (Newlife) and Renew You Centre for Wellbeing and Longevity Pty Ltd (Renew You), to diagnose and treat allergies. An allergy is a physical hypersensitivity which produces an allergic reaction through an immunological process.

The representations were made in written and videotaped statements published and adopted on various websites operated by Newlife and Renew You and also in electronic brochures and booklets available from those websites, in videotaped statements on third-party websites such as http://www.youtube.com, in electronic mail messages, and in an article published in Jigsaw magazine.

The ACCC and Schianetz have agreed to settle the proceedings. Schianetz has consented to declarations by the Court that his conduct contravened the TPA because he made false, misleading and deceptive representations that:

1. Schianetz, Newlife or Renew You could test for and identify a substance to which a person was allergic, when they could not.

2. Schianetz, Newlife or Renew You could successfully treat a person’s allergies or allergic reactions, or that they could cure or eliminate all or virtually all allergies or allergic reactions, when they could not.

3. Following treatment from Schianetz, Newlife or Renew You, it would then be safe, or less risky, for a person to have contact with the substance or allergen to which the person had previously had an adverse reaction, when it would not be safe or less risky.

4. Schianetz, Newlife or Renew You could teach or instruct parents or carers of children in techniques which could be used to test for and identify a substance to which a child was allergic, when they could not.

5. Schianetz, Newlife or Renew You could teach or instruct parents or carers of children in techniques which could be used to treat a child’s allergies or allergic reactions or to cure or eliminate all or virtually all allergies, or allergic reactions, in children, when they could not.

6. Following the application of certain techniques taught by Schianetz, Newlife or Renew You to parents or carers of children, it would then be safe, or less risky, for the child to have contact with the substance or allergen to which the child had previously had an adverse reaction, when it would not be safe or less risky.

As part of its orders, by consent of the parties the Court:

· accepted an undertaking from Schianetz that he would not engage in similar conduct for a period of 3 years;

· required Schianetz to pay pecuniary penalties in the amount of $30,000.00, together with the ACCC’s costs of the proceeding; and

· required Schianetz to publish corrective notices including this notice and to attend trade practices compliance training.

ANNEXURE 6

An important message from
Dr Dzung Price

False, misleading and deceptive conduct by Dr Dzung Price

The Australian Competition and Consumer Commission (ACCC) commenced proceedings against Dr Dzung Price (Price) in the Federal Court of Australia for contravening the Trade Practices Act 1974 (TPA) by engaging in false, misleading and deceptive conduct.

Price made representations in relation to her purported ability, or the purported ability of Newlife Publishing and Marketing Pty Ltd (Newlife) and Renew You Centre for Wellbeing and Longevity Pty Ltd (Renew You), to diagnose and treat allergies. An allergy is a physical hypersensitivity which produces an allergic reaction through an immunological process.

The representations were made in written and videotaped statements published and adopted on various websites operated by Price, Newlife and Renew You, and also in printed and electronic brochures and booklets available from those websites, in videotaped statements on third-party websites such as http://www.youtube.com, and on CDs and DVDs and in printed and electronic books available over the internet.

The ACCC and Price have agreed to settle the proceedings. Price has consented to declarations by the Court that her conduct contravened the TPA because she made false, misleading and deceptive representations that:

1. Price, Newlife or Renew You could test for and identify a substance to which a person was allergic, when they could not.

2. Price, Newlife or Renew You could successfully treat a person’s allergies or allergic reactions, or that they could cure or eliminate all or virtually all allergies or allergic reactions, when they could not.

3. Following treatment from Price, Newlife or Renew You, it would then be safe, or less risky, for a person to have contact with the substance or allergen to which the person had previously had an adverse reaction, when it would not be safe or less risky.

4. Price, Newlife or Renew You could teach or instruct parents or carers of children in techniques which could be used to test for and identify a substance to which a child was allergic, when they could not.

5. Price, Newlife or Renew You could teach or instruct parents or carers of children in techniques which could be used to treat a child’s allergies or allergic reactions or to cure or eliminate all or virtually all allergies, or allergic reactions, in children, when they could not.

6. Following the application of certain techniques taught by Price, Newlife or Renew You to parents or carers of children, it would then be safe, or less risky, for the child to have contact with the substance or allergen to which the child had previously had an adverse reaction, when it would not be safe or less risky.

As part of its orders, by consent of the parties the Court:

· accepted an undertaking from Price that she would not engage in similar conduct for a period of 3 years;

· required Price to pay pecuniary penalties in the amount of $30,000.00, together with the ACCC’s costs of the proceeding; and

· required Price to publish corrective notices including this notice and to attend trade practices compliance training.

SCHEDULE A

STATEMENTS BY NEW LIFE / RENEW YOU

PART 1: ACCURATE ALLERGY TEST REPRESENTATION

Webpages

Reference	Webpage	Reference	Webpage
RYJ Jun 10	Renew You Journey 29/6/10	BAF Oct 09	BioFast Allergy Free 27/10/09
ALH Jan 10	Allergy Help 20/1/10	FFA Oct 09	Free From Allergies 27/10/09
ALH Jun 10	Allergy Help 18/6/10	YAC Oct 09	Your Allergy Free Child 21/10/09

S/ment No	Statement of Concern	Source
1.	Advanced Allergy Testing Renew You offers a different range of testing options depending on the patients needs and preferences. Pathlab offers the ALCAT 150 food sensitivity test. Analytical Reference Laboratory offers testing for 93 food sensitivities based on IgE measurements. Many clients choose the Advanced Allergy & Sensitivity Testing based on the German Bruce Copen Laboratory Resonance System from Germany. This test addresses the most common 250 allergy groups or single allergies to which Australians are currently exposed in our lives every day.	BAF OCT 09
2.	How do I get my allergies tested? Renew You offers a different range of testing options depending on the patients needs and preferences. Pathlab offer the ALCAT 150 food sensitivity test. Analytical Reference Laboratory offers testing for 93 food sensitivities based on lgE measurements. Many clients choose the Advanced Allergy & Sensitivity Testing based on the German Bruce Copen Laboratory Resonance System from the UK. This test addresses the most common 250 allergy groups or single allergies to which Australians are currently exposed in our lives every day. Testing can be done with a DNA sample of hair and blood. Even small babies, children, pets and farm animals can be tested and their immune systems improved.	BAF OCT 09 ALH JUN 10
3.	Allergy Assessment We offer the possibility of different allergy assessment options depending on the patient’s needs and preferences. One option is Pathlab, which offers the ALCAT sensitivity test for 150 foods. Another option is the Analytical Reference Laboratory Test for 93 foods. This test is based on IgE measurements. Most of our clients choose the Allergy & Sensitivity Assessment option which is based on the German Bruce Copen Laboratory Resonance System. With this option, we can address 250 allergy groups or single allergies, including tools, toxins and animals.	RYJ JUN 10
4.	Allergy Help ... BioFast^TMBody Renewal Program Level 1 Initial assessment of your reactions to substances and foods with the BioFAST^TM Advanced Substance Assessment...	RYJ JUN 10
5.	“At my clinics, we’ve come up with a program that includes painless, non-invasive testing methods, lifestyle changes, emotional clearing, and natural healing modalities to successfully eliminate allergy in hundreds of our patients, including infants,” ... said Schianetz.	FFA OCT 09
6.	What the BioFast™ Program Will Do For You Test you for allergies to hundreds of substances and combinations – fast, painless, and accurate	FFA OCT 09
7.	Painless, Incredibly Fast, and Almost 100% Accurate Testing ... BioFAST identifies most allergies with just one test.	FFA OCT 09
8.	What is the BioFast™ Process? Using multiple resonances testing technology, your hair sample is later tested for 250 substances and combinations to identify what is affecting you. You can be allergic to just about anything, from foods to household chemicals, even sunlight or water.	FFA OCT 09
9.	Diagnostic Resonance System Provides almost 100% Accurate, Fast Allergy Testing ... The device ‘tunes onto’ the energy patterns within the witness (hair or blood sample), and assesses that frequency for energy disturbances. Because every substance has its own energy pattern, the device is able to identify just what substances are affecting you the most.	FFA OCT 09
10.	How do I get my allergies tested? … For basic allergy tests we use muscle testing which shows very accurate results. Bio Tensor Testing, which is based on the same principles as muscle testing, is the most accurate testing method available. The disadvantage is that it can be time consuming to test the most common allergies one by one. An excellent solution by CHI Health Innovations uses an advanced resonance testing device from Germany to test for up to 250 of the most common allergens at one time. For this test only a hair sample and a blood sample are required.	FFA OCT 09
11.	How do I get my allergies treated? … Level 1 - Desensitization Initial tests and history taken, BioFast™ Advanced Allergy Testing, personalized gut healing, enzyme therapy, detoxification, desensitization and reprogramming, removing exposure to toxins	FFA OCT 09
12.	In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals.	YAC OCT 09
13.	But what my team and I specialise in is identifying and treating hidden allergies. .	YAC OCT 09
14.	Key elements of the multi-modal BioFAST^TM Program ... Advanced Allergy Assessment Renew You offers a different range of assessment options depending on the patients needs and preferences. Pathlab offers the ALCAT 150 food sensitivity test. Analytical Reference Laboratory offers testing for 93 food sensitivities based on igE measurements. Many clients choose the Advanced Allergy & Sensitivity Assessment procedure based on the German Bruce Copen Laboratory Resonance System from Germany. This assessment addresses the most common 250 allergy groups or single allergies to which Australians are currently exposed in our lives every day.	ALH JAN 10 ALH JUN 10

CDS/DVDs

Reference	CD/DVD
*D-B*	*“Overcoming your allergies” (CD)*
*D-C*	*“The Art of Reliable Muscle Testing to Improve Your Health and Life” (DVD)*

S/ment No	Time	Statement of Concern	Source
15.	Track 2, 25:25	Dzung Price states: ‘How do we test and diagnose your allergies? Well we test for the allergies and we test also for the underlying causes of allergies or sensitivities. We diagnose allergies in a number of ways. We can use a computerised electrodermal screening device called the Orion Explorer which measures conductions or resistance at specific acupuncture points on your hand and we use it as a diagnostic tool to identify food, environmental and chemical allergy triggers. We can also employ applied kinesiology or muscle testing and this can be um this can be often a very useful tool for us to also teach a client and train them to help them identify for themselves their own allergy triggers in their environment. There are more conventional tests such as skin prick tests or blood tests and they may be performed if required.’	D-B
16.	Track 3, 16:26	Dzung Price states: ‘Well, we test allergies and we also test for the for the underlying cause of your allergies or sensitivities so we diagnose in them in a number of ways. We can use a computerised electrodermal screening device called Orion Explorer and it measures conductions and resistance at specific acupuncture points and we use it as a diagnostic tool to screen different food, chemical and environmental triggers. We may also employ applied kinesiology or muscle testing as a testing tool to identify reactive substances in the environment and also the additional way to train clients to help them identify for themselves their own allergy triggers in their environment. We also use conventional more conventional tests if necessary such as blood tests, skin prick tests if required.’	D-B
17.	4:46	Dzung Price states: ‘A lot of allergies are actually hidden, that means they’re not obvious to you and they present as many of those bizarre unconnected symptoms that you might be experiencing and you don’t realise that it’s your body’s response to that substance that is giving you that symptom. ... When we first go and identify what those hidden allergies are we can then reprogram those allergies and actually have a different response. So I test her for all her foods and found that she reacted to a lot of her foods in her diet that she was eating every day. Her wheat products, her dairy products, it was even fruit and vegetables.’	D-C
18.	9:49	Dzung Price states: ‘Now a lot of people when I test them they have a lot of allergies to basic nutrients such as protein, you know vitamin C, vitamin Bs, sugars, iron, vitamin A, wheat.’	D-C
19.	13:10	Dzung Price states: ‘So you might ask “well yes how did I get to be here in the first place? You know because I didn’t know I had any allergies.” A lot of people tell me “I don’t have any allergies”, but yet when I test them they’ve got quite a few hidden allergies.’	D-C
20.	42:22	Dzung Price states: ‘This lady that I saw that had a lot of fatigue, we found that she had a lot of hidden food allergies. She had allergies to basic foundational nutrients like she had allergies to vitamin Bs, so she couldn’t even deal with stress she couldn’t make serotonin to make her feel good, she was allergic to magnesium and zinc, her protein she was allergic to her to eggs and chicken and meat so when she ate those foods she couldn’t she didn’t feel good, she just felt tired, so every time she ate protein instead of supporting and repairing her body it just made her tired.’	D-C

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)
B-B	*“The Special Allergy Report”* (Allergy Relief Now Website)
B-C	*“Welcome to the Renew You Journey” (Renew You Journey Website)*
B-D	*“Naturally Overcome the Peanut Allergy Epidemie: Special Report” (Peanut Allergy Free Website)*

S/ment No	Page No	Statement of Concern	Source
21.	23-24	The most effective way to relieve your child from the worry, burden and distress of allergies or substance sensitivities is to identify and desensitize your child to allergens. ... BioFAST identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and very fast.	B-A
22.	21-22 (B-B) 17-19 (B-D)	Diagnosing Your Allergies or Sensitivities … Alternative Testing Methods Alternative medicine practitioners also employ a variety of non-traditional medical screening tests to detect allergies, sensitivities and food intolerances. These include: resonance testing, electrodermal screening test (also known as EAV or electroacupuncture by Voll), muscle response testing, cytotoxic test, prime test, applied kinesiological screening, pulse test, saliva test, meridian scanning test, computerized organ scanners, Kirlian photography, and electromagnetic force measurements.	B-B B-D
23.	25 (B-B) 21 (B-D)	Allergy Breakthrough After helping thousands of patients with allergies, my colleague and I kept looking for better ways to test and eliminate allergies, especially for ways to speed up the process and detoxify the body at the same time. ... The first results exceeded our expectations! After 3 years of testing and refining, the fastest, most complete, natural BioFAST Allergy Free Program was born. [Signed] Bojan Schianetz	B-B B-D
24.	16	Core Allergy & Food Sensitivity Evaluation Panel …This test will evaluate the most important core 250 allergy groups people are commonly exposed to in our food and environment. This will be performed from a sample of your hair and blood and scanned with a highly advanced resonance equipment developed by a German company (Bruce Copen Laboratories) over the last 60 years.	B-C

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
25.	Case study … On assessment, I found that [8 year-old Dallas] was reacting to quite a number of foods, basic nutrients, certain colors such as red, food additives and colors, artificial sweeteners, moulds, dust mix, neurotransmitters, brain parts and certain vaccinations. ... I did an accelerated treatment on Dallas for his basic allergens.	29	24
26.	Using a combination of special techniques and cutting edge bioresonance equipment, BioFAST can accurately identify up [to] 500 allergies and eliminate 6 allergies per session.	109	N/A
27.	Case Study … When I saw [8 month-old] Jemma, she was a little small for her age but was otherwise healthy looking. An allergy assessment (surrogate testing through mom) revealed that Jemma was reacting to nearly all the basic ingredients in food including the phenolics. She was allergic to egg mix, vitamin C, B complex, sugar mix, vit A mix, iron mix, grain mix, milk mix and phenolics. She was even reacting to water at some level.	110-111	89
28.	The BioFAST system identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and quickly.	112-113	91
29.	BioFAST speeds up the process with ultra-modern bioresonance equipment that interacts quickly and powerfully with the body's energy field. With this equipment, your BioFAST practitioner can test many allergens at one time, as well as treat the different sensitivities at the same time.	113	92

SCHEDULE A

STATEMENTS BY NEW LIFE / RENEW YOU

PART 2: ALLERGY ELIMINATION AND SUCCESSFUL ALLERGY TREATMENT REPRESENTATION

Webpages

Reference	Webpage	Reference	Webpage
ARN Oct 09	Allergy Relief Now 29/10/09	NWB Oct 09	Newlife Wellbeing 27/10/09
RYJ Oct 09	Renew You Journey 14/10/09	AFC Oct 09	Allergy Free Child 27/10/09
RYJ Jun 10	Renew You Journey 29/6/10	CHI Oct 09	Chi Health Innovations 27/10/09
ALH Jun 10	Allergy Help 18/6/10	CHI Jun 10	Chi Health Innovations 25/6/10
BAF Oct 09	BioFast Allergy Free 27/10/09	YAC Oct 09	Your Allergy Free Child 21/10/09
FFA Oct 09	Free From Allergies 27/10/09

S/ment No	Statement of Concern	Source
30.	Can I eat what I want after being treated? … Also, even though the food you have been treated for no longer affects you, too much of it can put a big strain on your digestive enzymes, and cause you to become allergic to that food in future.	BAF OCT 09
31.	What is BioFAST™? BioFAST™ is an advanced natural holistic program for all allergy sufferers and related conditions. Its full name is the BioFAST™Allergy Free Program. It is based on Advanced Energy Medicine, Nutritional Medicine, Detoxification and Gut Healing and is one of the most advanced holistic programs available for long term allergy relief and detoxification.	BAF OCT 09 FFA OCT 09 ALH JUN 10
32.	How does BioFast™ compare to other allergy clinic/treatment programs? ... Most other clinics treat one allergy at one session, whereas we desensitize for up to 6 allergies per session. (This is beneficial for children, who can be significantly stressed by repeated sessions)	BAF OCT 09 FFA OCT 09 ALH JUN 10
33.	That’s why we call the allergies the ROAD BLOCK to long term health. If you want to get past a road block to health, you need to first remove it. Then, you can proceed towards the health you desire. That’s exactly what happens when you go through the BioFAST™ program. First, we remove the road blocks...	BAF OCT 09 FFA OCT 09 ALH JUN 10
34.	How long will it take to be free of allergic reactions? As a general rule it depends on your initial health conditions, allergy load, toxic load, lifestyle and ongoing stresses. Generally our Programs take from 2-9 month, depending also on your commitment.	BAF OCT 09 FFA OCT 09 ALH JUN 10
35.	I already know what I am allergic to, as I have had blood tests etc. Can I just be treated for those allergies without additional testing? Yes, definitely	BAF OCT 09 FFA OCT 09 ALH JUN 10
36.	I am pregnant. Should I get my allergies treated now or later? We recommend you to treat your allergies as soon as possible to allow your child to develop the best and most robust immune system possible.	BAF OCT 09 FFA OCT 09 ALH JUN 10
37.	How will I know if the treatment has worked? ... Clients who follow our recommendations generally get rid of allergy symptoms very soon after each treatment session. If you now experience many or quite strong symptoms, you may notice improvements very soon after beginning the program. If you presently enjoy a higher level of health, the improvements may be more subtle. Either way, you can measure the success of your treatments by the reduction or elimination of your symptoms, and improved wellbeing.	BAF OCT 09 FFA OCT 09 ALH JUN 10
38.	Can I be treated just for one allergy? Yes. You can be desensitized to only one allergy.	BAF OCT 09 ALH JUN 10
39.	BioFAST™ can desensitize or neutralize up to six allergy groups or allergens per session.	BAF OCT 09 ALH JUN 10
40.	How does BioFASTTM actually work? BioFAST™ is one of the most successful programs on the market. 87% of clients with allergy symptoms get significant relief from their allergy-related symptoms along with amazing improvements in their health.	BAF OCT 09 ALH JUN 10
41.	BioFASTTM is one of the most advanced and effective allergy program available for you on the market, and comes with many added benefits not found elsewhere. Thousands of clients worldwide have achieved excellent results on the program. It is based on Advanced Energy Medicine, Nutritional Medicine, Detoxification and Gut Healing and is one of the most advanced holistic programs available for long term allergy relief and detoxification.	RYJ OCT 09
42.	Allergy Help Do you suffer from Allergies and Food Sensitivities? The Successful BioFast Allergy Relief Program Could Be The Answer To Your Problems The BioFASTTM Allergy Relief Program was developed out of a need to resolve the underlying problems of allergies. ... The successful BioFAST system was developed to meet the unique individual needs of the sufferer. It has successfully relieved the conditions of thousands of patients nationally and internationally.	RYJ JUN 10
43.	Allergy Relief System This is the heart of The BioFAST™ Program. Yes, it is possible to relieve the symptoms of allergy sufferers with our allergy relief sessions. This process is completely drug-free and painless and requires only a few sessions.	RYJ JUN 10
44.	Allergy Help ... Do you Really Know What’s Behind Your Health Issues? BioFASTTM is an advanced natural holistic program for all people suffering from food and substances sensitivities and reacting to any of those. BioFASTTM is one of the most complete program on food and substances sensitivities available for you on the market, and comes with many added benefits not found elsewhere. Hundreds of clients in Australia and worldwide have achieved excellent results on the program. ... With this technology and carefully designed energy frequency patterns, BioFASTTM can quickly and powerfully target your body’s informational systems to change your body’s cellular health, which determines your body’s health and wellbeing. This plus the precise combination of natural therapies and health education to promote your own body’s healing make the BioFASTTM substance Sensitivity Program very effective.	RYJ JUN 10
45.	“Thousands of convinced clients prove that everyone who follows our step by step revolutionary Allergy Fast Track Program will experience dramatic allergy relief – Guaranteed.” .... BioFAST™ Allergy Free Exclusively at the RENEW-YOU Centre for Wellbeing and Longevity Brisbane and the Gold Coast	ARN OCT 09
46.	Allergies and Your Child If you, your children or others you know and love, have been brought to a near-standstill by allergies, here we show you a way forward that can promise most sufferers (parents and children) amazing relief and, in most cases, complete deliverance from allergy symptoms.	ARN OCT 09
47.	BioFAST Allergy Elimination Program If your assessed Allergy Index is over 25% in your initial consultation, we will propose you as the first step to maximum health one of the BioFAST Programs. This program will help you to get rid of allergies, sensitivities and intolerances to food, environmental substances and toxins, and any other substances that may be undermining your health, once and for all.	NWB Oct 09
48.	BioFAST Allergy Elimination Program (BioActive Fast Allergy Solution Therapy)	NWB Oct 09
49.	Do you guarantee that the program will work? ... In our experience, around 86% of patients are successfully cleared of their allergic symptoms after the desensitization period or 2 to 3 month. Approximately 12% have health conditions which requires a prolonged detoxification, gut healing and correcting nutritional deficiencies. This process can take around 12 month. 2% of the clients with more severe conditions can take a longer period to recover their immune system. If you follow our program, there is a very high probability that you will achieve fast results.	FFA OCT 09
50.	The BioFast™ Allergy Breakthrough Story ... There had to be a better way, and we were determined to find it … a safe natural, effective treatment that could get rid of allergies fast! ... Finally in 2006, after 17 years of research and intensive testing, we had a breakthrough that turned allergy treatment completely on its head, and it is now bringing fast, effective allergy relief to many. The BioFast™ Allergy Free Program is the fastest and most complete natural allergy treatment available today, yet it is surprisingly simple because it works with the body’s own natural healing energies. Using cutting edge subtle energy technology, BioFast™ harnesses the power of nature for superior allergy relief and life-enhancing benefits.	FFA OCT 09
51.	What is BioFast™? BioFast™ is a fast, natural, innovative allergy program that clears your allergies AND targets the underlying health issues that cause them.	FFA OCT 09
52.	What the BioFast™ Program Will Do For You ...Desensitize you to the substances that affect you (We treat 6 allergy groups / combinationsin [sic] one session)	FFA OCT 09
53.	What is the BioFast™ Process? ... The BioFast desensitization sessions take only 30 minutes. In each treatment session, you will be desensitized to the allergens or allergen combinations that are affecting you. Most programs treat for only 1 substance per visit, but thanks to our powerful technology, we can safely and effectively treat for 6 allergy groups and combinations at a time. This means faster elimination of allergies with fewer visits. This is a tremendous benefit for children who can become easily stressed by too many treatment sessions.	FFA OCT 09
54.	“At my clinics, we’ve come up with a program that includes painless, non-invasive testing methods, lifestyle changes, emotional clearing, and natural healing modalities to successfully eliminate allergy in hundreds of our patients, including infants,” ... said Schianetz. ... For information on the B-SAFE Allergy Elimination Program, which can be completed from anywhere in the world, click here.	FFA OCT 09
55.	The best solution to food allergies is desensitization. Your body and brain are re-programmed to be unaffected by the foods that now cause you to have an allergic reaction. You can learn to do this yourself, or if you prefer, we have a wonderful programme that has helped many allergy sufferers – young and old – overcome sensitivities and begin an allergy-free life. The most effective way to end the worry and distress of allergy is to desensitize yourself (or your child) to allergens. Find out about Renew You’s successful allergy treatment program at www.renewyoujourney.com or contact us through this website.	FFA OCT 09
56.	How many desensitization treatments will I need? That will depend on the number of your allergies. BioFast™ desensitizes up to 6 allergy groups in just one treatment session, whereas most programs treat only 1 allergy per session. A person with 18 allergies, therefore will require only 3 desensitization treatment sessions. This is a tremendous benefit for children who can become easily stressed by too many treatment sessions.	FFA OCT 09
57.	Overcome Allergies Fast And Naturally Allergies can be successfully relieved. You can Recover. A New Advanced Allergy Relief Program Helped Thousands to Get Back Health And Freedom.	FFA OCT 09
58.	Sometimes you may hear there is no cure for allergies. The good news is: there is a solution. ... So, with the help of one of the most amazing holistic doctors in Australia, I was able to put together a complete, holistic, and integrated program called BioFast™ - the same program that helped me to feel like myself again, healthy and energized. Since my successful rehabilitation, the BioFast program has helped literally thousands of my clients – both adults and children – to overcome such a health challenge. ... Make an appointment at our Renew-You clinics at Brisbane or Gold Coast today, and request a comprehensive allergy test. Based on the results my team will develop your personalized BioFast™ program; one that will give you back your energy and health. This is the start of a new life for you and/or your children; the one you were meant to live.	FFA OCT 09
59	The good news is that all allergies are treatable, even Multiple Chemical Sensitivity. However, to address the allergy properly, it is important to treat the underlying causes, and not just the allergy symptoms. The BioFAST Allergy Free Program has successfully treated hundreds of children with allergies. You can find information on this website.	FFA OCT 09
60.	How long will it take to be free of allergic reactions? .... In our experience, around 86% of patients are successfully cleared of their allergic symptoms after the desensitization period of 2 to 3 month. Approximately 12% have health conditions which requires prolonged detoxification, gut healing and correcting nutritional deficiencies. This process can take around 12 month. 2% of clients with more severe conditions can take a longer period to recover their immune system.	FFA OCT 09 YAC OCT 09
61.	BioFAST Allergy Elimination Program (Bio-Active Fast Allergy Solution Therapy)	FFA OCT 09
62.	AllergyFreeChild.com 7 Simple Steps to Get Rid of Allergies Naturally!	AFC OCT 09
63.	CHI™ ELECTROMAGNETIC DETOX SALT CRYSTALS They may be invisible but electromagnetic frequencies (EMFs) are all around us, and they can interfere with the body’s own natural electric frequencies, making us sick. ... EMFs can also aggravate existing allergies or trigger new ones. ... In response to the alarming increases in these and other serious conditions, CHI™ Health Innovations has produced a series of remedies to help protect you from these harmful influences. These remedies are natural, safe and very effective, and can be of great benefit to anyone who is serious about their and their family’s health and wellbeing. Electromagnetic Detox Salts may help you to: ... reduce the severity or incidence of allergic reactions ... ... How do I know that these Detox Crystals work? We use them since May 2006 in our Renew You Centres with great success for detoxification, allergies and sensitivities and protection against food toxins	CHI OCT 09 CHI JUN 10
64.	CHI™ ENVIRONMENTAL DETOX SALT CRYSTALS ... Continuous or high exposure to environment toxins can result in serious health conditions such as immunotoxicity, endocrine disruption, allergies, asthma, anaphylaxis or autoimmune diseases. ... In response to alarming increases in these and other serious conditions, CHI Health Innovations has produced a series of remedies to help protect you from harmful toxic influences. These remedies are natural, safe and very effective, and can be of great benefit to anyone who is serious about their and their family’s health and wellbeing. Environmental Detox Salts may help to: ... reduce the frequency and/or severity of allergies and/or asthma, and prevent you from developing multiple allergies ... How do I know that these Detox Crystals work? We use them since May 2006 in our Renew You Centres with great success for detoxification allergies and sensitivities and protection against food toxins.	CHI OCT 09 CHI JUN 10
65.	CHI™ FOOD DETOX SALT CRYSTALS ... A major issue with GM food is its potential to increase allergies and anaphylaxis in humans. Despite these concerns, GM foods are spread out all over much of the world causing allergic reactions, and possibly contributing to the rise in all kinds of immune and auto-immune diseases and resistance to antibiotics. ... In response to alarming increases in these and other serious conditions, CHI Health Innovations has produced a series of remedies to help protect you from harmful toxic influences. These remedies are natural, safe and very effective, and can be of great benefit to anyone who is serious about their and their family’s health and wellbeing. Food Detox Crystals may help to: relieve symptoms caused by food allergies, sensitivities and intolerances quickly reduce or mitigate an adverse reaction to food How do I know that these Detox Crystals work? We use them since May 2006 in our Renew You Centres with great success for detoxification, allergies and sensitivities and protection against food toxins.	CHI OCT 09 CHI JUN 10
66.	CHI™ ORGAN DETOX FORMULA 1 If you have allergies, are frequently ill, feel generally unwell most of the time, or look and feel older than your years, your organs are probably clogged with toxins. … Researchers have found that these accumulated toxins are a major cause of disease, and have been linked to allergies... In response to the alarming increases in these and other serious conditions, CHI Health Innovations has produced a series of remedies to help protect you from these harmful influences. These remedies are natural, safe and very effective and can be of great benefit to anyone who is serious about their and their family’s health and wellbeing. ... the Organ Detox Drops can help them to more efficiently release and eliminate accumulated toxins... Organ detoxification can help to reduce allergy symptoms, ... Organ Detox Drops may help you to: ... reduce allergy symptoms ... How do I know that these Detox Drops work? We have been using them in our Renew You Centres since May 2006 with great success for detoxification, allergies and sensitivities and as part of our anti-aging and health programs.	CHI OCT 09 CHI JUN 10
67.	CHI™ VACCINATION DETOX SALT CRYSTALS ... Evidence suggests that early vaccinations damage the child’s still-immature immune system, leading to allergies. ... We have found these particular salts very helpful for relieving allergic conditions associated with vaccines in both children and adults. Vaccination Detox Salts may help to: reduce or eliminate the harmful effects of vaccines, both past and present, on the body How do I know that these Detox Crystals work? We use them since May 2006 in our Renew You Centres with great success for detoxification, allergies and sensitivities and to improve healing.	CHI OCT 09 CHI JUN 10
68.	CHI™ ENVIRO SHIELD … The Enviro Shield may help to: ... relieve or reduce allergy symptoms triggered by exposure to EMFs How do I know that the Enviro Shield works? We have used it since 2008 in our Renew You Centres with great success for patients and staff with allergies and sensitivities related to electromagnetic frequencies.	CHI OCT 09 CHI JUN 10
69.	To generate orders and earn more income, use large eye-catching headlines such as: Allergy Free Child Naturally – Guaranteed Discover How You Can End The Misery Of Allergy For You And Your Child Allergy free in 30 days or less! You can do something about your child’s allergies – right now. Safely, naturally and permanently! Breakthrough Allergy Cure revealed! Discover how to beat your child’s allergies quickly and easily without injections or drugs!	YAC OCT 09
70.	If you are a mother of an allergic child and you’ve tried in vain to find a solution, then this may be the most exciting message you have ever read… … But first let me tell you Jess’s story… … In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals. ... Now that we have begun treating Jess, mom can finally breathe a huge sigh of relief as she sees improvements from week to week. ... Because Jess is so ill, he needs some expert care to heal from his allergies and to build his health to an acceptable level, so he will see me for a few months, then continue on a maintenance program. ... Incidentally, I am also treating mom, who also has allergies though she didn’t know it before.	YAC OCT 09
71.	Before I wrote this book, I spent 17 years treating children just like yours, with allergies ranging from mild to very severe.	YAC OCT 09
72.	In 17 years of clinical practice, I’ve used a unique mix of western medicine and eastern therapies to help thousands of patients suffering from allergies and related immune diseases.	YAC OCT 09
73.	As a doctor who has treated thousands of allergic children, I am giving you the benefit of my 17 years experience treating all kinds of allergic and allergy-related conditions.	YAC OCT 09
74.	But what my team and I specialise in is identifying and treating hidden allergies. We provide a gentle, fast, effective, non-invasive allergy elimination technique to reprogram the body back to wellness. This technique gets amazing results in children who’ve been traumatized by needles or standard allergy densensitization procedures. And in children with severe, life threatening allergies.	YAC OCT 09

CDS/DVDs

Reference	CD/DVD
D-A	*“What you have to know to win the allergy war” (DVD)*
D-B	*“Overcoming your allergies” (CD)*
D-C	*“The Art of Reliable Muscle Testing to Improve Your Health and Life” (DVD)*

S/ment No	Time	Statement of Concern	Source
75.	47:55	The screen displays a slide which claims that the Biofast Allergy Free Program results in “Permanent Allergy Relief”.	D-A
76.	54:19 55:00	Dzung Price states: ‘Allergy Elimination – there was a clinical study that showed 87.2% rate Allergy Elimination on very good to excellent. That was in an alternative medicine review. And this investigation uses similar technique to ones we use at our clinic … The desensitising treatments we use involve the use of acupressure stimulation, it’s like a chiropractic technique plus bioresonance therapy plus sub-immunotherapy desensitisation drops. We combine all of these techniques because individually they work but when we actually combine them together we can get faster results and without the avoidance period that you get with individual treatments.’	D-A
77.	56:14	Dzung Price states: ‘Now in our clinic we actually deal with anaphylaxis but I don’t advertise it because I’d get chopped. Now I’m a rebel as it is, but it’s hard if you get targeted all the time so it is possible to treat anaphylaxis and there’s a method to do that, it is a little bit of a different method to what we use in the clinic for other allergies and sensitivities but it is very possible and it is very rewarding for parents not to have the fearful of living with anaphylactic kids every day of their life, because it’s just the most frightening thing that they have to live in fear, and the poor kid, these children they just become a shadow of themselves...’	D-A
78.	Track 2, 1:32	Dzung Price states that her “special interests” include “advanced allergy elimination”.	D-B
79.	Track 2, 1:55	Dzung Price states: ‘Our holistic health team specialises in identifying hidden allergies and delivering a gentle, fast, effective, non-invasive allergy elimination solution to reprogram the body back to wellness. This technique is amazingly effective in children who are traumatised by needles or standard allergy desensitisation procedures or who present with severe life-threatening allergies. Treating allergies in children and adults frees them from life long restrictive elimination diets and empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
80.	Track 2, 23:10	Dzung Price states: ‘The Be Safe Advanced Allergy Elimination Program has been designed after years of clinical research and experience to provide people with a fast and permanent solution for an allergy free existence. Be Safe is a new allergy elimination technique based on a number of modalities including quantum physics, bioresonance, homeopathy, naturopathy and nutritional principles which all combine together to give the best results for long lasting allergy elimination ... it is actually a complete program that integrates holistic principles to help you get rid of your allergies, intolerances or sensitivities to substances and chronic poisoning so that you can re-establish your natural health balance and vitalities. Now the program involves an extensive assessment, diagnosis and seven important healing steps.’	D-B
81.	Track 2, 24:37	Dzung Price states that the Be Safe Advanced Allergy Elimination Program ‘restores the body’s natural immune reactions making your life enjoyable, full and balanced again.’	D-B
82.	Track 2, 24:57	Dzung Price states: ‘As a team we specialise in identifying hidden allergies and delivering a gentle, fast, effective, non-invasive allergy elimination solution to reprogram the body back to wellness and health. So our system for treating allergies and related conditions in children and adults frees them from lifelong restrictive diets and really empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
83.	Track 2, 28:36	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation using a very fast non-invasive and effective technique to reprogram your body to regard those substances that were previously your body reacted to as now being safe or neutral so that your body goes from fear and protection to feeling safe and to love growth and healing.’	D-B
84.	Track 2, 30:10	Dzung Price states: ‘After correcting the underlying strategies to allow your body to get well we then and desensitising the allergens that we identified then we look at restoring hormonal balance …’	D-B
85.	Track 3, 0:02	Valeria Astorga states: ‘Welcome to the Be Safe Allergy Elimination System. We are going to provide you with some background basic information about the Be Safe Allergy Elimination system and I would like first to introduce Dr Dzung Price who is a holistic medical doctor with 17 years experience in treating allergies and other conditions especially chronic conditions and also the owner of 3 successful medical clinics in Queensland Australia.’	D-B
86.	Track 3, 2:18 3:05	Dzung Price states: ‘Our clinics that we have in Queensland are called Renew You Medical Clinic and we specialise firstly in allergy elimination because that is actually the underlying cause to many many conditions that people are not aware of. People aren’t aware that they have a lot of hidden allergies and sensitivities and this may be one of the key obstacles in the healing processes ... So after doing a lot of extensive research and travels and conferences and studies we actually formulated a new system to clear underlying allergies and sensitivities quickly, painlessly, effectively and in a non-invasive fashion.’	D-B
87.	Track 3, 12:51	Dzung Price states: ‘We designed a program called the Be Safe Advanced Allergy Elimination System and that stands for Bioactive Solutions For An Allergy Free Existence. And it has been designed specifically to provide people with a fast and permanent solution for an allergy free existence. And it’s a technique based on quantum physics, bioresonance, homeopathy, naturopathy and nutritional principles which all combine to give the best results for a long lasting allergy elimination. Because it’s quite a complete program it integrates all of the above techniques that I’ve mentioned it helps you to get rid of your allergies and intolerances to substances in a very holistic way and to establish your to re-establish your natural health and and vitality so that you can also maintain your health long term on the wellness journey.’	D-B
88.	Track 3, 19:19	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation so that means that we identify your allergy triggers or reactive substances and we neutralise the body’s response to those substances so that you now feel safe with those substances which means that your live together with your environment in a harmonious way. So instead of seeing your previous certain foods as toxic or poisonous or this substance as bad for you your body will be reprogrammed to reinterpret those substances as safe and beneficial or at least neutral to your body.’	D-B
89.	Track 3, 22:30 23:27	In response to a question about the duration of the treatment program, Dzung Price states: ‘It depends on a number of reasons causes. First of all we have to see how many allergies you have because the more allergies you have the more toxic load there is on your immune system and we want to be able to reprogram your body to every one of those individually identified allergens to remove that toxic burden to your immune system and allow your body to get well ... So however we do offer allergy solutions in a number of ways. First one we do is we can clear one group of allergies at a time. It only takes one allergen per treatment and we use an acupressure point stimulation up and down the spine that basically reprograms your immune system your autonomic nervous system and all your organs and energy channels to reinterpret the substance your previously thought as toxic as actually beneficial or safe for you. So that’s one way that we do it and that’s called NAET. The second way that we we we do it is that we offer accelerated allergy treatments for those who might want to do get there a little bit faster so we use a bioresonance specialised cutting edge state of the art bioresonance equipment that basically clears six allergies at a time so that you’ll be basically lying on a on a bed with holding the sensoring rods that basically detects your underlying unhealthy frequencies back to the device and the device will basically print into your body balancing frequencies that will iron out any of the identified allergens that you may had that we will put into the input tray.’	D-B
90.	Track 3, 25:25	In response to a question regarding whether ‘I have to stay off those lovely foods I want to eat forever’, Dzung Price states: ‘That’s a really good question. If you if you’ve got genetic allergies that is the ones that pass down from your mum and dad then you can still clear them, you can still teach your body a different response. We also clear DNA and RNA which is genetic tendency to those allergies as well and importantly if anyone is thinking of getting pregnant or or conceiving to clear the allergies before they have children because you will pass them straight over to the children and then your children have to be treated so it pays to basically clear them when you’re younger and I’m very passionate about clearing allergies in children because you you you can impact them in such a positive way because they often have so many allergies and sensitivities because they are much more susceptible to the toxins in our environment such as plastics and pesticides and chemicals and formaldehydes and they really do affect children’s behaviour the food additives and a lot of parents aren’t aware that children are reacting and that that their behaviour changes are actually due to underlying allergies and when you clear them amazingly you know so many conditions that children have such as bedwetting or eczema or unruly aggressive behaviour or coughing asthma they can actually resolve very very quickly so it’s it’s amazing how much the picture clears up when you remove the allergy triggers out of the out of the equation.’	D-B
91.	Track 3, 27:27	Dzung Price states, ‘We have an over 90% success rate when it comes to treating allergies and sensitivities to to anything from spider webs to food sensitivities to you know the environmentally chemical individual.’	D-B
92.	6:39	Dzung Price states: ‘When we first go and identify what those hidden allergies are we can then reprogram those allergies and actually have a different response. So I test her for all her foods and found that she reacted to a lot of her foods in her diet that she was eating every day. ... So when we took her off her the food that we identified to be a trigger she had no more migraines. It was just as easy as that. Once we identified it it was gone and to give her some flexibility in her life we actually reprogrammed her body so that it no longer considered those food as a toxin. So we can treat any allergies or intolerances or sensitivities and reprogram the body in such a way that it lives more harmoniously with your environment. ... So a lot of time people have unidentified triggers that are causing their symptoms and what we want to do is come in and identify what those triggers are and remove them from their environment or secondly reprogram them so that their body feels safe with that food or substance and this is one of the very common fundamental things that I do first.’	D-C
93.	Appx 24:03	Dzung Price states: ‘But it takes energy to hold to those onto those things and it’s important to resolve them so that your body then truly heals, your body feels safe again. Now we will also deal with that at some stage ‘cause it’s important that we we don’t want to treat or clear all your hidden allergies only for you to create another 50 allergies...’	D-C
94.	Appx 44:05	Dzung Price states: ‘You know so reprogramming all the all the food allergies the hidden nutrients allergies the even some of the environmental toxins, that could be people, it could be your family as well, it was so very important to release the energy to available to start healing and start to make your body feel safe. Then after we correct all the hidden allergies or sensitivities we then start to correct their nutritional deficiencies.’	D-C

Online Videos

Reference	Online Video
V-C	*“1^st Allergy Help” (viewable on 1allergyhelp Website)*
V-D	*“Is there a cure for a peanut allergy?” (viewable on Peanut Allergy Free Website and at http://www.youtube.com)*
V-E	*“Free Allergy Secret Revealed” (viewable on End Allergies Website)*
V-F	*“How to Reverse Your Child Allergies” (viewable on various internet websites)*

S/ment No	Statement of Concern	Source
95.	Bojan Schianetz states: ‘Do you suffer from Allergies and can’t find any solution? Do you have a child suffering badly from allergy symptoms not being able to live a restriction free life? And are you ready for help? If yes then you are at the right place. My name is Bojan Schianetz and as a German naturopath and environmental engineer, I was helping thousands of children and adults in my clinics with allergies and sensitivities with great success.’	V-C
96.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz, German naturopath and environmental engineer. Several years ago, I was allergic to all type of food. I was avoiding more and more and ended up eating only three different types of fruit. ... After years of searching I’ve found that there’s a way out and that it is possible to get rid of all the symptoms. Now I am completely cured and able to eat whatever I want and I’m very happy about it. Now I would like to give something back to help others with this problem, so I’ve dedicated the last 5 years to help children and adults to get rid of the symptoms and to be able to live a normal life. … So most people have eventually told you that there is no cure for this allergy and that the only solution is to avoid exposure for example to peanuts in all forms. My experience with my own case and with thousands of clients in my clinics is completely different. I had a lot of children and and adults with all different types of allergies and I can tell you in 87% of all case we had a significant improvement. … So what is the solution? At first I recommend strongly a comprehensive test because what you don’t know you can’t treat. The next step after testing is to desensitize and detoxify the body at the same time, together with lifestyle changes which involves nutrition, exercising and less stress. The success will be amazing.’	V-D
97.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz. Welcome to endallergiesnow.com. I want to share with you in a free video my number 1 secret how you can beat your child’s allergies quickly and easily without injections, drugs, and far less visits to a doctor or health practitioner. Thousands of mothers and fathers are already applying my secrets successfully, helping their children breathe freely without restrictive diets and the constant fear of an allergic reaction. How do I know? Because I’m treating constantly children in my clinics and teaching parents how to protect their children to give them the best future possible.’	V-E
98.	Dzung Price states: ‘Allergy Elimination – there was a clinical study that showed 87.2% rate Allergy Elimination on very good to excellent. That was in an alternative medicine review. And this investigation uses similar technique to ones we use at our clinic … The desensitising treatments we use involve the use of acupressure stimulation, it’s like a chiropractic technique plus bioresonance therapy plus sub-immunotherapy desensitisation drops. We combine all of these techniques because individually they work but when we actually combine them together we can get faster results and without the avoidance period that you get with individual treatments.’	V-F

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)
B-B	*“The Special Allergy Report”* (Allergy Relief Now Website)
B-C	*“Welcome to the Renew You Journey” (Renew You Journey Website)*
B-D	*“Naturally Overcome the Peanut Allergy Epidemie: Special Report” (Peanut Allergy Free Website)*

S/ment No	Page No	Statement of Concern	Source
99.	3	As a wholistic medical doctor trained in both western conservative (allopathic) medicine and complementary and alternative medicine, I have helped thousands of patients suffering with allergies and related immune diseases, My team and I specialise in healing and eliminating allergies using a unique and very effective program that includes nutritional, environmental and homeopathic medicines, acupressure, and energy medicine: our BioFast program. ... [Signed] Dr Dzung Price	B-A
100.	25	The BioFAST Allergy Elimination System A revolutionary 7 step program to completely eliminate your allergies by removing or correcting the underlying causes, including toxins. It’s fast, completely natural, safe, and painless, and it’s already helped thousands of people beat their allergies forever.	B-A
101.	23	Many doctors believe that allergies cannot be fully cured. Yet I have successfully desensitized many children (and adults) to many substances that previously caused allergic reactions, including anaphylactic cases, and have seen many times over how a child’s health and life can be dramatically changed and totally transformed. The most effective way to relieve your child from the worry, burden and distress of allergies or substance sensitivities is to identify and desensitize your child to allergens.	B-A
102.	23-24	Is There Really a Natural Therapy That Can Heal Your Child’s Allergies? Yes, there is. The BioFAST Allergy Elimination System is a breakthrough allergy treatment that applies chiropractic, kinesiology, acupuncture and the most advanced bioactive therapies to permanently remove sensitivities to allergens. Clinical studies and experience have shown that it’s by far one of the most effective allergy elimination treatments available.	B-A
103.	24	BioFAST identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and very fast. Our tested, proven BioFAST system will clear your child’s allergies for good. ... Imagine what a load is lifted from you, knowing that your child is safe and healthy. The BioFAST system has cleared your child of allergies safely, without pain or distress. It has healed all the damage done by allergies, and rebuilt your child’s health from the cells up. You are done with allergies! I’ve listed our BioFAST allergy products and programs have helped hundreds of our clients clear their allergies and achieve the vibrant health they’ve always dreamed of … safety, naturally, and without drugs or injections. We use ancient eastern and cutting-edge science to provide you with the most powerful, safe, totally natural remedies you can find to heal your child’s (or your) allergies.	B-A
104.	24	Desensitization and more … If you are sick and tired of struggling with restrictive elimination diets, rotation diets, and living in constant fear that you or your child may one day accidentally ingest or come into contact with a potentially dangerous allergen and get seriously sick, then consider having yourself or your child desensitized to the allergens that affect you. Desensitizing to your allergens essentially reprograms your immune system to no longer regard the potential allergen as an enemy. Instead, your immune system is rewired to treat that reactive substance as harmless or like a friend. ... There are many different options available. Here are 3 of them with different goals: 1. Injectable Immunotherapy ... 2. Sublingual Immunotherapy ... 3. BioFast™ Allergy Free Program - this is a complete and accelerated allergy desensitization program which incorporates advanced bioresonance technology, sublingual desensitization drops, spinal release technique, detoxification, and nutrition to support the immune system. This program is excellent for children because it requires far less treatments. The BioFast™ Program is the only program aiming to remove the root causes.	B-B
105.	8	Allergies are just the tip of the iceberg. This means that your or your child are not stuck with allergies. Once the underlying factors are removed, the allergies can be healed. ... People often come to my clinic as a last resort after being told that there is no cure for their or their children’s allergies, because modern medicine focuses on relieving the symptoms. Their faces light up when I tell them that allergies and food sensitivities can be treated, and in most cases, eliminated, by addressing the underlying causes as well as the symptoms. And it can be done with safe, natural, non-invasive therapies.	B-B B-D
106.	25 (B-B) 21 (B-D)	Allergy Breakthrough After helping thousands of patients with allergies, my colleague and I kept looking for better ways to test and eliminate allergies, especially for ways to speed up the process and detoxify the body at the same time. ... The first results exceeded our expectations! After 3 years of testing and refining, the fastest, most complete, natural BioFAST Allergy Free Program was born. [Signed] Bojan Schianetz	B-B B-D
107.	21 (B-B) 19 (B-D)	When their allergies are eliminated naturally, children can grow up safe and secure, strong and confident in an allergy free environment that supports maximum health, vitality and peace of mind.	B-B B-D
108.	11-12	Physical & Biochemical level We aim to: … Eliminate allergies and food intolerances fast and effectively	B-C
109.	15	Report of Findings and Personalised Treatment Plan - Targeted Programs to Remove Obstacles to Healing - …Allergy Desensitisation	B-C
110.	19-20	Desensitization If you are sick and tired of struggling with restrictive elimination diets, rotation diets, and living in constant fear that your child may one day accidently [sic] ingest a potentially dangerous allergen and get seriously sick, then consider having yourself or your child desensitized to the allergens that affect you. Desensitizing to your allergens essentially reprograms your immune system to no longer regard the potential allergen as an enemy. Instead, your immune system is required to treat that reactive substance as harmless or like a friend. … There are several desensitization/elimination options available. Here are 3 of them, to give you an idea: 1 Injectable Immunotherapy … 2 Sublingual Immunotherapy … 3 BiofastTM Allergy Free Program – This is a very effective and accelerated allergy desensitization program which incorporates advanced bioresonance technology, sublingual desensitization drops, spinal release technique, detoxification, and nutrition to support the immune system. This system is also ideal for children, because it requires only a few treatments in the clinic. This is the only program addressing the underlying causes of sensitivities and allergies. For maximum effectiveness and lasting results, look for a program that addresses all aspects of your allergies, not one that just treats your symptoms, or one that desensitizes you to allergens without supporting your health and healing.	B-D

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
111.	YOUR ALLERGY FREE CHILD 7 proven simple steps to eliminate allergies naturally in 30 days or less!	Front cover	Front cover
112.	My team and I specialize in treating allergies using a unique and very effective program that includes nutrition and environmental advice, homeopathic and herbal medicines, acupressure and energy medicine.	6	5
113.	Many doctors believe that allergies cannot be fully cured. Yet I have successfully desensitized many children (and adults) to many substances that previously caused allergic reactions, including anaphylactic cases, and have seen many times over how a child’s health and life can be dramatically changed and totally transformed.	28	24
114.	Case study … I did an accelerated treatment on [8 year-old] Dallas for his basic allergens. Then I taught mom home treatments she could do, and sent her home with vials for the home treatments. ... After being cleared (desensitized) for minerals, vaccinations, artificial sweeteners, moulds and food additives, Dallas’ behaviour dramatically changed and his food intolerances cleared. … Dallas’s runny nose, hay fever and recurrent colds are controlled because his parents oversee his environmental controls and he has been successfully desensitized to his environmental allergens.	29-30	25
115.	The following program has worked wonders on thousands of patients and is designed to help your child heal their allergies or sensitivities and achieve a healthy allergy-free body. The seven steps to healing allergies are: … · Eliminate Allergens … · Allergy Desensitization and Neutralization	73-74	59
116.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit or through advanced bioresonance equipment …	79	N/A
117.	Our time-tested BioFAST system will clear your child’s allergies for good using the methods described in this book ... with the added important advantage of having an expert in charge of the process. Your BioFAST therapist will not only do everything we’ve described here ... and more ... but do it MUCH faster.	108-109	N/A
118.	Using a combination of special techniques and cutting edge bioresonance equipment, BioFAST can accurately identify up [to] 500 allergies and eliminate 6 allergies per session.	109	N/A
119.	How the BioFAST Program Works The BioFAST system uses a combination of ancient eastern and cutting-edge science to permanently remove your child’s sensitivity to allergens, and to heal your child from the effects of allergy.	112	N/A
120.	The BioFAST system uses a combination of ancient eastern and cutting-edge science to permanently remove your child’s sensitivity to allergens, and to heal your child from the effects of allergy.	N/A	90
121.	BioFAST is a breakthrough allergy treatment that applies chiropractic, kinesiology, acupuncture and the most advanced bioresonance therapies to permanently remove sensitivities to allergens. Clinical studies and experience have shown that it is by far one of the most effective allergy elimination treatments available. This is because BioFAST treats allergies on the most fundamental level of energy in the context of a totally holistic and comprehensive care.	112	91
122.	Based on the understanding of quantum physics and Einstein theory of relativity that all ‘matter’ is made of energy, the BioFAST system re-directs and balances the flow of energy around the body, removing the blockages (in invisible energy channels called meridians) that cause allergy and disease. The BioFAST system identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and quickly. This breakthrough totally natural system uses a chiropractic and acupressure technique to stimulate the areas of the body that are connected to blockages in the energy system, based on the original NAET system developed by Dr Devi Nambrudipad [sic].	112-113	N/A
123.	Based on the understanding of quantum physics and Einstein theory of relativity that all ‘matter’ is made of energy, the BioFAST system re-directs and balances the flow of energy around the body, removing the blockages (in invisible energy channels called meridians) that cause allergy and disease. The BioFAST system identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and quickly. How the Treatment Works BioFAST stands for Bioactive Fast Allergy Solutions Therapy This breakthrough totally natural system uses a chiropractic and acupressure technique to stimulate the areas of the body that are connected to blockages in the energy system, based on the original NAET system developed by Dr Devi Nambrudipad [sic].	N/A	91
124.	For example, a wheat allergy might cause a blockage in the spleen or liver meridian (energy channel), causing chronic low energy, fatigue and muscle pain and spasms. To treat for the wheat allergy, the practitioner stimulates areas of the nervous system related to the liver and spleen while the person is holding the allergen. In this way, the energy blockage is cleared in that area, and the brain receives a message that wheat is not dangerous. In many cases, the body no longer identifies wheat as an allergen, and energy blockages in response to wheat no longer occur. In rare cases, the person’s sensitivity to a treated allergen may remain, but will be greatly reduced.	113	91
125.	About the author ... In her two Brisbane ‘Renew You’ clinics Dr. Price has treated patients for seventeen years, specializing in allergy, hormonal imbalance therapies and anti-ageing.	174	N/A

Print Publications: Magazines

Reference	Magazine
M-A	*Jigsaw (Issue 51, August 2009, p. 4)*
M-B	*Paradise* *Magazine (April 12-13, 2008)*
M-C	*Living Now Magazine (August/September 2009)*

S/ment No	Page No	Statement of Concern	Source
126.	4	“Are you worried sick about your child?” ... Now a new report reveal [sic] ... how a proven, safe, all natural program can relieve allergies, so you and your child are free to enjoy life again and grow healthy without pain or fear of allergic reactions.	M-A
127.	27	If you’re one of the thousands who suffer from skin rashes, cramps, bloating, rashes, itching, fatigue, body aches, diarrhoea, swollen eyes or breathing difficulties caused by allergies … then you know just how bad allergies can be. The Good News is … you don’t have to put up with this distress any longer! Now a NEW REPORT and CD reveal how a proven, safe, all natural program can relieve your allergies, so you are free to enjoy life … without pain or fear of allergic reactions.	M-B
128.	N/A	“Do You Suffer From Allergies?” ... If you suffer from bloating, hormonal swings, fatigue and weight gain caused by allergies... then you know just how bad it can be. BUT... you don’t have to put up with this distress any longer! NOW YOU CAN FIND OUT... how a safe, natural program helps relieve your allergies, so you can enjoy life... without pain, fear of allergies or annoying “moody” days...	M-C

SCHEDULE A

STATEMENTS BY NEW LIFE / RENEW YOU

PART 3: SAFE REPRESENTATION

Webpages

Reference	Webpage
ALH Jun 10	Allergy Help 18/6/10
BAF Oct 09	BioFast Allergy Free 27/10/09
FFA Oct 09	Free From Allergies 27/10/09

S/ment No	Statement of Concern	Source
129.	How long after treatment until I can be safely exposed to the allergens that affected me again? Some clients walk out of our clinic and test their reactions to the allergen just to verify that the treatment has worked. Many are delighted to find that they are no longer affected. However, we recommend that you wait at least 24 hours before exposing to the allergen again, to give your body a chance to adjust.	BAF OCT 09 FFA OCT 09 ALH JUN 10
130.	Can I eat what I want after being treated? We recommend that you avoid food that affected you for 24 hours after being treated to give the reprogramming to take hold. After that, you should be able to eat the food again with no adverse effects. However, every body is different. A food still may not agree with your body, even though you are no longer allergic to it…	BAF OCT 09 FFA OCT 09 ALH JUN 10
131.	What should I eat while on the Allergy Program? At the first consultation, you will receive detailed nutritional guidelines. These are specifically created to assist and support detoxification, support your body’s healing processes, and give you an abundance of energy. While limiting your intake of highly allergenic foods, these guidelines allow you to eat a good variety of wholesome foods. Even after you no longer have to avoid foods that affect you, you will have a framework for healthy eating for you and your family.	BAF OCT 09 FFA OCT 09 ALH JUN 10
132.	The best solution to food allergies is desensitization. Your body and brain are re-programmed to be unaffected by the foods that now cause you to have an allergic reaction. You can learn to do this yourself, or if you prefer, we have a wonderful programme that has helped many allergy sufferers – young and old – overcome sensitivities and begin an allergy-free life. The most effective way to end the worry and distress of allergy is to desensitize yourself (or your child) to allergens. Find out about Renew You’s successful allergy treatment program at www.renewyoujourney.com or contact us through this website.	FFA OCT 09

CDS/DVDs

Reference	CD/DVD
D-A	*“What you have to know to win the allergy war” (DVD)*
D-B	*“Overcoming your allergies” (CD)*
D-C	*“The Art of Reliable Muscle Testing to Improve Your Health and Life” (DVD)*

S/ment No	Time	Statement of Concern	Source
133.	56:14	Dzung Price states: ‘Now in our clinic we actually deal with anaphylaxis but I don’t advertise it because I’d get chopped. Now I’m a rebel as it is but it’s hard if you get targeted all the time so it is possible to treat anaphylaxis and there’s a method to do that, it is a little bit of a different method to what we use in the clinic for other allergies and sensitivities but it is very possible and it is very rewarding for parents not to have the fearful of living with anaphylactic kids every day of their life, because it’s just the most frightening thing that they have to live in fear, and the poor kid, these children they just become a shadow of themselves…’	D-A
134.	Track 2, 1:55	Dzung Price states: ‘Our holistic health team specialises in identifying hidden allergies and delivering a gentle, fast, effective, non-invasive allergy elimination solution to reprogram the body back to wellness. This technique is amazingly effective in children who are traumatised by needles or standard allergy desensitisation procedures or who present with severe life-threatening allergies. Treating allergies in children and adults frees them from life long restrictive elimination diets and empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
135.	Track 2, 24:57	Dzung Price states: ‘So our system for treating allergies and related conditions in children and adults frees them from lifelong restrictive diets and really empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
136.	Track 2, 28:36	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation using a very fast non-invasive and effective technique to reprogram your body to regard those substances that were previously your body reacted to as now being safe or neutral so that your body goes from fear and protection to feeling safe and to love growth and healing.’	D-B
137.	Track 3, 12:51	Dzung Price states that the Be Safe Allergy Elimination System ‘basically restores your body’s natural immune reactions making your life more enjoyable, full and balanced again so that once you complete the program you can then be free of all those restrictive elimination diets that you were you might be place on before you can eat things that previously you were intolerant to you can go out and smell pollens and flowers an and and and be exposed to perfume again where previously you may have be a have been able to had to avoid them and you can be free of your sinuses and congestion and headaches and runny nose etcetera. So it’s about giving choice back to a person whose life might have been very restricted before.’	D-B
138.	Track 3, 19:19	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation so that means that we identify your allergy triggers or reactive substances and we neutralise the body’s response to those substances so that you now feel safe with those substances which means that your live together with your environment in a harmonious way. So instead of seeing your previous certain foods as toxic or poisonous or this substance as bad for you your body will be reprogrammed to reinterpret those substances as safe and beneficial or at least neutral to your body.’	D-B
139.	Track 3, 25:25	In response to a question regarding whether ‘I have to stay off those lovely foods I want to eat forever’, Dzung Price states: ‘That’s a really good question. If you if you’ve got genetic allergies that is the ones that pass down from your mum and dad then you can still clear them, you can still teach your body a different response.’	D-B
140.	Track 3, 23:27	Dzung Price states: ‘So however we do offer allergy solutions in a number of ways. First one we do is we can clear one group of allergies at a time. It only takes one allergen per treatment and we use an acupressure point stimulation up and down the spine that basically reprograms your immune system your autonomic nervous system and all your organs and energy channels to reinterpret the substance your previously thought as toxic as actually beneficial or safe for you. So that’s one way that we do it and that’s called NAET.’	D-B
141.	6:39	Dzung Price states: ‘When we first go and identify what those hidden allergies are we can then reprogram those allergies and actually have a different response. So I test her for all her foods and found that she reacted to a lot of her foods in her diet that she was eating every day. ... So when we took her off her the food that we identified to be a trigger she had no more migraines. It was just as easy as that. Once we identified it it was gone and to give her some flexibility in her life we actually reprogrammed her body so that it no longer considered those food as a toxin. So we can treat any allergies or intolerances or sensitivities and reprogram the body in such a way that it lives more harmoniously with your environment. ... So a lot of time people have unidentified triggers that are causing their symptoms and what we want to do is come in and identify what those triggers are and remove them from their environment or secondly reprogram them so that their body feels safe with that food or substance and this is one of the very common fundamental things that I do first...’	D-C
142.	Appx 42:22	Dzung Price states: ‘So she was a really good example of how just correcting some of the hidden allergies to basic nutrients gave her a lot more energy which she could maintain hormonal balance and drive her adrenals and thyroids and also give her body more energy because she was no longer fighting her food.’	D-C

Online videos

Reference	Online Video
V-C	“1^st Allergy Help” (viewable on 1allergyhelp Website)
V-D	“Is there a cure for a peanut allergy?” (viewable on Peanut Allergy Free Website and at http://www.youtube.com)

S/ment No	Statement of Concern	Source
143.	Bojan Schianetz states: ‘Do you suffer from Allergies and can’t find any solution? Do you have a child suffering badly from allergy symptoms not being able to live a restriction free life? And are you ready for help? If yes then you are at the right place. My name is Bojan Schianetz and as a German naturopath and environmental engineer, I was helping thousands of children and adults in my clinics with allergies and sensitivities with great success.’	V-C
144.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz, German naturopath and environmental engineer. Several years ago, I was allergic to all type of food. I was avoiding more and more and ended up eating only three different types of fruit. ... After years of searching I’ve found that there’s a way out and that it is possible to get rid of all the symptoms. Now I am completely cured and able to eat whatever I want and I’m very happy about it. Now I would like to give something back to help others with this problem, so I’ve dedicated the last 5 years to help children and adults to get rid of the symptoms and to be able to live a normal life. … So most people have eventually told you that there is no cure for this allergy and that the only solution is to avoid exposure for example to peanuts in all forms. My experience with my own case and with thousands of clients in my clinics is completely different. I had a lot of children and and adults with all different types of allergies and I can tell you in 87% of all case we had a significant improvement.	V-D

S/ment No

Statement of Concern

Source

143.

Bojan Schianetz states: ‘Do you suffer from Allergies and can’t find any solution? Do you have a child suffering badly from allergy symptoms not being able to live a restriction free life? And are you ready for help? If yes then you are at the right place. My name is Bojan Schianetz and as a German naturopath and environmental engineer, I was helping thousands of children and adults in my clinics with allergies and sensitivities with great success.’

V-C

144.

Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz, German naturopath and environmental engineer. Several years ago, I was allergic to all type of food. I was avoiding more and more and ended up eating only three different types of fruit.

...

After years of searching I’ve found that there’s a way out and that it is possible to get rid of all the symptoms. Now I am completely cured and able to eat whatever I want and I’m very happy about it. Now I would like to give something back to help others with this problem, so I’ve dedicated the last 5 years to help children and adults to get rid of the symptoms and to be able to live a normal life.
…

So most people have eventually told you that there is no cure for this allergy and that the only solution is to avoid exposure for example to peanuts in all forms. My experience with my own case and with thousands of clients in my clinics is completely different. I had a lot of children and and adults with all different types of allergies and I can tell you in 87% of all case we had a significant improvement.

V-D

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)
B-B	*“The Special Allergy Report”* (Allergy Relief Now Website)
B-D	*“Naturally Overcome the Peanut Allergy Epidemie: Special Report” (Peanut Allergy Free Website)*

S/ment No	Page No	Statement of Concern	Source
145.	23	Many doctors believe that allergies cannot be fully cured. Yet I have successfully desensitized many children (and adults) to many substances that previously caused allergic reactions, including anaphylactic cases, and have seen many times over how a child’s health and life can be dramatically changed and totally transformed. The most effective way to relieve your child from the worry, burden and distress of allergies or substance sensitivities is to identify and desensitize your child to allergens.	B-A
146.	24	Our tested, proven BioFAST system will clear your child’s allergies for good. Imagine how that will feel...how your child will feel, knowing he or she does not have to be afraid of eating the wrong thing...	B-A
147.	24	Desensitization and more … If you are sick and tired of struggling with restrictive elimination diets, rotation diets, and living in constant fear that you or your child may one day accidentally ingest or come into contact with a potentially dangerous allergen and get seriously sick, then consider having yourself or your child desensitized to the allergens that affect you. Desensitizing to your allergens essentially reprograms your immune system to no longer regard the potential allergen as an enemy. Instead, your immune system is rewired to treat that reactive substance as harmless or like a friend.	B-B
148.	21 (B-B) 18 (B-D)	When their allergies are eliminated naturally, children can grow up safe and secure, strong and confident in an allergy-free environment that supports maximum health, vitality, and peace of mind.	B-B B-D
149.	19	Desensitization If you are sick and tired of struggling with restrictive elimination diets, rotation diets, and living in constant fear that you or your child may one day accidentally ingest or come into contact with a potentially dangerous allergen and get seriously sick, then consider having yourself or your child desensitized to the allergens that affect you. Desensitizing to your allergens essentially reprograms your immune system to no longer regard the potential allergen as an enemy. Instead, your immune system is rewired to treat that reactive substance as harmless or like a friend.	B-D

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
150.	But Timothy is now seeing a holistic health doctor, and she is helping him get over his allergies. Now, he can sleep with his favourite teddy again, and is no longer allergic to it. I am sure Timothy’s mommy and the doctor will help Timothy get rid of all his allergies, so that Timothy can become strong, healthy, full of energy again, bright and free to enjoy life fully.	15	13
151.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit or through advanced bioresonance equipment This technique reprograms your child’s immune response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. Your child won’t have to give up the family pet, get allergy shots, or keep to strict food restrictions for the rest of his or her life. Neutralizing the body to the allergies enables your child to be able to live more harmoniously and safely with substances in the environment.	79	N/A
152.	For example, a wheat allergy might cause a blockage in the spleen or liver meridian (energy channel), causing chronic low energy, fatigue and muscle pain and spasms. To treat for the wheat allergy, the practitioner stimulates areas of the nervous system related to the liver and spleen while the person is holding the allergen. In this way, the energy blockage is cleared in that area, and the brain receives a message that wheat is not dangerous. In many cases, the body no longer identifies wheat as an allergen, and energy blockages in response to wheat no longer occur. In rare cases, the person’s sensitivity to a treated allergen may remain, but will be greatly reduced.	113	91
153.	After the first six steps of the BioFAST program, your child’s body will be firmly on a healing course. The minute amount of allergen that once created troublesome or agonizing symptoms will no longer have that power.	114-115	93

Print Publications: Magazines

Reference	Magazine
M-A	*Jigsaw (Issue 51, August 2009, p. 4)*
M-B	*Paradise* *Magazine (April 12-13, 2008)*
M-C	*Living Now Magazine (August/September 2009)*

S/ment No	Page No	Statement of Concern	Source
154.	4	“Are you worried sick about your child?” ... Now a new report reveal [sic] ... how a proven, safe, all natural program can relieve allergies, so you and your child are free to enjoy life again and grow healthy without pain or fear of allergic reactions.	M-A
155.	27	If you’re one of the thousands who suffer from skin rashes, cramps, bloating, rashes, itching, fatigue, body aches, diarrhoea, swollen eyes or breathing difficulties caused by allergies … then you know just how bad allergies can be. The Good News is … you don’t have to put up with this distress any longer! Now a NEW REPORT and CD reveal how a proven, safe, all natural program can relieve your allergies, so you are free to enjoy life … without pain or fear of allergic reactions.	M-B
156.	N/A	“Do You Suffer From Allergies?” ... If you suffer from bloating, hormonal swings, fatigue and weight gain caused by allergies... then you know just how bad it can be. BUT... you don’t have to put up with this distress any longer! NOW YOU CAN FIND OUT... how a safe, natural program helps relieve your allergies, so you can enjoy life... without pain, fear of allergies or annoying “moody” days...	M-C

SCHEDULE A

STATEMENTS BY NEW LIFE / RENEW YOU

PART 4: CHILD HOME ACCURATE ALLERGY TEST REPRESENTATION

Webpages

Reference	Webpage	Reference	Webpage
FFA Oct 09	Free From Allergies 27/10/09	CHI Jun 10	Chi Health Innovations 25/6/10
NWB Oct 09	Newlife Wellbeing 27/10/09	YAC Oct 09	Your Allergy Free Child 21/10/09
AFC Oct 09	Allergy Free Child 27/10/09	OAH Jan 10	1 Allergy Help 20/1/10
CHI Oct 09	Chi Health Innovations 27/10/09	OAH Jun 10	1 Allergy help 18/6/10

S/ment No	Statement of Concern	Source
157.	The 7 Steps you MUST take NOW to free your child from a lifetime of allergies and their associated, equally harmful maladies! ... Simple techniques you can use to discover which exact substances are affecting your child.	EAN OCT 09
158.	This liberating, life-changing program tells you how to identify and heal your allergies, or allergies in your child.	FFA OCT 09 NWB OCT 09
159.	Your Allergy Free Child (Book) 7 Easy Proven Steps to Relieve Your Child’s Allergies … without drugs … Guaranteed! … What You’ll Find in This Book: … Safe, painless testing methods that let you identify exactly what substances or foods affect – or will affect – your child … and not a needle or skin scratch in sight!	AFC OCT 09
160.	YOUR ALLERGY FREE CHILD Written by an allergy expert who has helped hundreds of children overcome their allergies, this book provides the essential information and techniques you need to help prevent your child from developing allergies, or to test and treat your child’s allergies.	CHI OCT 09
161.	‘Your Allergy Free Child’ can help you to: ... Test your child for suspected allergies or confirm those already identified	CHI OCT 09
162.	YOUR ALLERGY FREE CHILD ... Packed with important information about allergy, this book sheds light on the main causes of allergies, and how you, as a parent, the ordinary parent, can help to identify and treat your child’s allergies at home. ... In this book you will discover how to: ... Identify hidden allergies through symptoms, muscle testing and elimination diet	CHI OCT 09
163.	RELIEVE YOUR CHILD’S ALLERGIES ... Allergy expert, Dr Dzung Price, explains why children get allergies and what simple techniques you can use to identify and clear allergies that are affecting your child. ... ‘Relieve Your Child’s Allergies’ can help you to: ... Gain peace of mind knowing that you have basic testing and desensitization skills to help your child … In this DVD you will discover: ... How to muscle test to identify substances that adversely affect a child	CHI OCT 09
164.	The ART of RELIABLE MUSCLE TESTING … This DVD provides easy techniques for identifying allergies as well as emotions, toxins and even people who adversely affect an individual’s energy field. You can save money and time on allergy tests that can be unreliable and often painful. ... The Art of Reliable Muscle Testing can help you to: Identify possible allergies and sensitivities in you or a family member ... In this DVD you will discover: ... How to identify substances that are causing or could cause you allergy symptoms How to muscle test another person (testing with 2 people) How to test using a surrogate (good for testing the frail, elderly or small children)	CHI OCT 09 CHI JUN 10
165.	Learn how to identify everything that can trigger an allergic reaction in your child with a super easy testing kit that even kids can learn to use!	YAC OCT 09
166.	The standard allergy tests just aren’t adequate. They look for particular proteins in the blood (IgE antibodies), or for a particular kind of skin reaction, and if these don’t occur, your doctor tells you that your child doesn’t have allergies. But many allergies are hidden because their symptoms are exactly the same as the symptoms of another disease. The tests I teach you in my book will pick up any kind of allergy, including a hidden allergy – even one that has not yet caused an allergic reaction.	YAC OCT 09
167.	11 Reasons Why “Your Allergy-Free Child” Is So Different And Outstanding On The Market Reason #1…What I teach you applies to all kinds of allergies and symptoms. … Reason #6: I have organised the information and strategies so that you can begin diagnosing and treating your child’s allergies as you proceed through the chapters. Reason #7: My book is about solutions. You receive step by step instructions for testing your child for different allergies, healing your child, and creating an environment that promotes your child’s health. … Reason #9: Your child can be actively involved in her or her own diagnosis and healing. Even school-age children can easily learn some of the gentle, nurturing methods in this book. With the testing methods, your child can identify which foods and substances to avoid in any situation.	YAC OCT 09
168.	Chapter 5 teaches you two very simple but effective methods you can use to find out exactly what your child is allergic to: one method to identify only food allergies, and the other can be used to test for all kinds of things, such as fabric, foods, vitamins, chemicals … anything. Usually, a child is allergic to more than one thing. These methods are more accurate than skin tests, which only pick up certain kinds of allergies, and they are completely painless, and simple. Your 6 year old can learn them.	YAC OCT 09
169.	What’s it worth for you to get ... · Methods to let you identify exactly what substances or foods affect – or will affect – your child, without needles or scratches	YAC OCT 09
170.	If you are a mother of an allergic child and you’ve tried in vain to find a solution, then this may be the most exciting message you have ever read… … But first let me tell you Jess’s story… … In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals. ... Now that we have begun treating Jess, mom can finally breathe a huge sigh of relief as she sees improvements from week to week. … I have taught her to test for a whole range of foods and substances so that she can avoid those that disagree with Jess, and she has also learned how to eliminate some of his allergies after they have been identified.	YAC OCT 09
171.	When I treat a child for allergies, I educate the parents about the real causes of allergy. I also teach them how to identify all the substances and foods that trigger an allergic reaction in their child.	YAC OCT 09
172.	Secret #7: the 7 steps you MUST take NOW to help your child with allergies! ... Simple techniques you can use to discover which exact substances are affecting your child (including many you may not have suspected before).	OAH JAN 10 OAH JUN 10

Online videos

Reference	Online Video
V-A	“1^st Allergy Help Online Training”, “1^st Allergy Help Intro” and “End of Allergies Online Training” (viewable on the End Allergies Website, on the 1 Allergy Help Website, at http://www.youtube.com and at http://www.vimeo.com)

S/ment No	Statement of Concern	Source
173.	Bojan Schianetz states: ‘In this DVD I reveal for you ... which 5 foods now in your kitchen are making your child sick …. the 7 steps you must take now to free your child from a lifetime of allergies. Simple techniques you can use to discover which exact substances are affecting your child and loads more practical advices …’	V-A

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
174.	This one-of-a-kind guide reveals how YOU can become your child’s healer, including: … · How to test your child for suspected or ‘hidden’ allergies	Back cover	N/A
175.	This book is about simple, step-by-step solutions. In nine chapters, it provides clear, simple instructions that allow you to: ... Identify Allergy in your Child ... Recognize and Uncover Your Child’s Hidden Allergies … And to ensure your success, I am offering every reader a terrific free bonus: live online coaching modules, where I demonstrate the testing and desensitization, at www.healyourallergies.com Dr Dzung Price, Holistic MD Gold Coast, 2007	7	N/A
176.	This book is about solutions. In eight fascinating, very informative chapters, it provides clear, simple instructions that will let you: √ Identify Allergy In Your Child ... Dr Dzung Price, Holistic MD Gold Coast, 2007	N/A	6
177.	The first step towards building or restoring your child’s health is to detect and remove the ordinary substances that might be triggering allergic reactions, unknown to you or your child. The natural methods described below will let you uncover ‘hidden’ or unsuspected allergens in your child’s environment, even before your child has developed symptoms of sensitivity to them. ... The methods provided here are also safe and painless and you can use them at home. Try them to find which work best for you and your child.	63	51
178.	By testing a strong muscle, you can determine if the substance being tested is viewed as either friendly or toxic to your child’s body. When your child is holding a substance that is interpreted by the body as a toxin or poison, that substance will weaken the energy system of the body, block the energy flow and thereby weakening the muscles being tested. Therefore, if you child is in contact with a potentially harmful allergen, his muscles will weaken to testing. You can use this test for both suspect items (such as apples, milk, cat hair or chlorine), or using ampoules that contain a precise energetic vibrations of different substances.	64-65	52
179.	[In Chapter 5 ‘Uncover Your Child’s Hidden Allergies’] METHOD 1: Muscle Testing (Kinesthetic testing) … How To Do The Test (best for children 6 years and older) … 1. Your child should lie on a flat surface, or stand erect holding one arm out straight at a 90° angle from the body. 2. The palm of the extended hand should be thumb down. 3. Practice the test by trying to push the child’s arm down while he resists your pressure. His arm must stay straight. When your child understands what you do, you can proceed. 4. Have your child hold the allergen or an ampoule in the other hand. 5. With one hand, push down gently against the extended arm with pressure over wrist. 6. If your child is allergic to that substance, his muscle will noticeably weaken. A weak muscle response, shown by little resistance to the pressure, indicates an allergy or sensitivity to the substance being held. 7. Repeat several other suspected allergens this way. Do not test too many at one session or your child will become tired. You can use this test at any time to identify substances that your child should avoid.	64-66	51-53
180.	Muscle Test Using a Surrogate (another person) Use a surrogate (another person) when testing children, elderly or weak family members). A sibling or family member is a good surrogate person. · The child being tested holds the substance. · The surrogate must keep in contact with the child’s skin and extend the other arm at 90 degrees to the body. · Test the surrogate’s muscle response by pressing firmly down at the wrist. If the surrogate’s muscle response is weak, the child holding the substance has an allergy to that substance.	66	53
181.	Our DVD muscle testing training video provide detailed instructions on how to fine tune your muscle testing procedure for greater accuracy and confidence, give you a number of different muscle testing techniques including self testing procedures you can do without your child, different applications of muscle testing and advanced strategies to improve your results.	66	54
182.	GET THE SUPPORT YOU NEED to test correctly with my live coaching modules. You can gain free access to a series of online videos where I explain exactly how to use the testing method, and other techniques. Sign up at www.healyourallergies.com.au	71	N/A
183.	YOU can desensitize your child to hundreds of allergens with our BioFAST Allergy-Free Kit on www.freefromallergies.com. This kit contains ampoules containing different substances that your child can be tested for. These ampoules are used to test your child for sensitivity to many substances, and to desensitize your child to those substances. You also get a detailed instruction manual, an instructional CD, and workbook. This sensational kit takes you through the testing and desensitization process step by step, for the most complete natural allergy elimination therapy available.	82	N/A
184.	BEFORE YOU GIVE YOUR CHILD A NUTRITIONAL SUPPLEMENT Please test your child for sensitivity to any supplement, as he or she may be allergic to it. You can muscle test the supplements, one by one. For a Muscle Testing instructional video, go to www.freefromallergies.com.	100	82
185.	Using the methods described in this book, you can test your child for hundreds of specific allergies…one at a time.	109	N/A
186.	BioFAST ALLERGY-FREE KIT With this kit, you can do so much more to heal your child. This fantastic healing tool gives you detailed instructions and the equipment you need to successfully test and treat your child for hundreds of allergies. The kit contains ampoules with the energy frequencies of different chemicals and substances that are known to cause allergies, including hormones, body chemical, even chemicals produced by our emotions. To teach you how to use these ampoules to test and reprogram your child, the kit also contains an instructional video, instruction manual, and a workbook. You’ll be ready to test and heal the whole family of allergies, if necessary! For information about the BioFAST Allergy Free Kit, or our BioFAST allergy program, go to www.freefromallergies.com	115	N/A
187.	Learn exactly how to test your child for allergies, and how to desensitize your child with my FREE, step-by-step instructions. Each module is a live online tutorial. I show you the correct method for carrying out the steps that will let you eliminate your child’s allergies. Sign up for this terrific free bonus now at www.healyourallergies.com	175	N/A
188.	BioFAST ALLERGY-FREE KIT A Complete Testing and Desensitization Kit Containing 30 testing ampoules, an instructional video, a detailed manual, and a workbook. For more information, see www.freefromallergies.com	175	N/A

SCHEDULE A

STATEMENTS BY NEW LIFE / RENEW YOU

PART 5: CHILD HOME ALLERGY ELIMINATION AND SUCCESSFUL ALLERGY TREATMENT REPRESENTATION

Webpages

Reference	Webpage	Reference	Webpage
ARN Oct 09	Allergy Relief Now 29/10/09	YAC Oct 09	Your Allergy Free Child 21/10/09
FFA Oct 09	Free From Allergies 27/10/09	OAH Jan 10	1 Allergy Help 20/1/10
AFC Oct 09	Allergy Free Child 27/10/09	OAH Jun 10	1 Allergy help 18/6/10
CHI Oct 09	Chi Health Innovations 27/10/09	EAN Oct 09	End Allergies Now 21/10/09,27/10/09
CHI Jun 10	Chi Health Innovations 25/6/10	EAN Jan 10	End Allergies Now 20/1/10

S/ment No	Statement of Concern	Source
189.	Adapted from the book “Your Allergy Free Child” Heal Your Child’s Allergies At Home – Easily and Naturally!	ARN OCT 09 CHI OCT 09
190.	Learn an easy, fun method you can use to eliminate your child’s allergies (Kids love it!) … and many more secrets from pioneering allergy specialists that empower you to relieve your child’s allergies!	EAN OCT 09
191.	Personal Coaching from me that takes you step-by-step through the entire F.A.S.T.™ (Fast Freedom from Allergies Self-Treatment Program) process. If you follow my easy directions, you will be able to relieve your child’s allergies within a short period of 6 months. The success rate is 87% and that’s including some very seriously-compromised kids!	EAN OCT 09
192.	Do You Want To Know How To: ... Free your child from a lifetime of allergies and their associated, equally harmful maladies! ... and loads more secrets from *pioneering allergy specialists* that empower you to get rid of your child’s allergies forever!	EAN OCT 09 EAN JAN 10
193.	“7 Secrets How to Banish Your Childs Allergies Forever”	EAN OCT 09
194.	Find out today how you can banish your child’s Allergies forever with our free DVD!	EAN OCT 09
195.	“FREE Video Reveals The #1 Secret To Banish Allergies, Other Immunity-Based Conditions Forever And Saving Your Child’s Health and Future”	EAN JAN 10
196.	If you’re looking for fast freedom from allergies, this Self-Treatment Program will show you an all-natural, revolutionary way to relieve your child’s allergies, sensitivities, and food intolerances.	EAN OCT 09 OAH JAN 10 OAH JUN 10
197.	The best solution to food allergies is desensitization. Your body and brain are re-programmed to be unaffected by the foods that now cause you to have an allergic reaction. You can learn to do this yourself, or if you prefer, we have a wonderful programme that has helped many allergy sufferers – young and old – overcome sensitivities and begin an allergy-free life. The most effective way to end the worry and distress of allergy is to desensitize yourself (or your child) to allergens. Find out about Renew You’s successful allergy treatment program at www.renewyoujourney.com or contact us through this website.	FFA OCT 09
198.	This liberating, life-changing program tells you how to identify and heal your allergies, or allergies in your child.	FFA OCT 09
199.	Your Allergy Free Child (Book) 7 Easy Proven Steps to Relieve Your Child’s Allergies … without drugs … Guaranteed! …A wholistic [sic] medical doctor with 17 years clinical experience reveals the amazing secrets she has used to successfully treat hundreds of children with allergies … “Discover How You Can End The Misery Of Allergy For You And Your Child, Sleep Peacefully At Last Knowing Your Child Can Breathe, Be Free Of Endless Restrictive Diets And The Constant Fear Of An Allergic Reaction … While Your Child Grows Healthier And Healthier” … What You’ll Find in This Book: … Natural, easy ways to remove or heal the underlying causes of allergy Step by step instructions to reprogram your child’s brain to respond appropriately and safely to foods and substances	AFC OCT 09
200.	YOUR ALLERGY FREE CHILD Written by an allergy expert who has helped hundreds of children overcome their allergies, this book provides the essential information and techniques you need to help prevent your child from developing allergies, or to test and treat your child’s allergies. Follow these guidelines, and you could be giving your child the gift of an allergy-free life. ... ... in most cases, allergies can be cured. A holistic medical doctor shares the specific strategies she has developed to treat the underlying causes of allergy and to significantly reduce or even eliminate allergies in children. You can help your child in the comfort of your own home! ‘Your Allergy Free Child’ can help you to: ... Desensitize your child to the substances that affect him or her ... Treat your child at home Packed with important information about allergy, this book sheds light on the main causes of allergies, and how you, as a parent, the ordinary parent, can help to identify and treat your child’s allergies at home. ... In this book you will discover how to: ... Desensitize a child to allergens using acupressure and neural reprogramming	CHI OCT 09
201.	RELIEVE YOUR CHILD’S ALLERGIES ... Allergy expert, Dr Dzung Price, explains why children get allergies and what simple techniques you can use to identify and clear allergies that are affecting your child. ... ‘Relieve Your Child’s Allergies’ can help you to: ... Gain peace of mind knowing that you have basic testing and desensitization skills to help your child In this DVD you will discover: ... How to desensitize a child to identified allergens using acupressure	CHI OCT 09
202.	HEAL YOUR CHILD’S ALLERGIES AT HOME – Easily and Naturally! Adapted from the acclaimed allergy self-help book, ‘Your Allergy Free Child’, this booklet explains the fundamental causes of allergy – low immunity and compromised body barriers – and how you can avoid them to help protect your children from allergies. If your child already has, or may have, allergies, you will learn how to recognise them and how to treat them in just seven easy steps. ... Yes, there is a solution to allergies. And it’s safe because it works with nature and is completely drug-free. In this booklet you will discover: ... · 7 vital steps you can take to permanently relieve allergies (You can even do them at home!)	CHI OCT 09
203.	If your child has allergies or sensitivities, comes down with frequents colds or illnesses, or eats junk food, you need this book. ... This booklet can help you to: ... Reduce the frequency and severity of allergic reactions	CHI OCT 09 CHI JUN 10
204.	Discover HOW this book “Your Allergy Free Child” can help you … You will learn how to protect your child no matter where she is, and eliminate the worry and fear of allergies forever Following the effective program, you can remove the causes of allergy and old reactive patterns so that your child can truly feel safe	YAC OCT 09
205.	Dr. Dzung Price MD “I want to share with you my secrets for healing children’s allergies. Most important, I want to tell you how YOU, as a loving, responsible parent, can heal your child!”	YAC OCT 09
206.	In my book, “Your Allergy-Free Child”, I clear away the mystery of allergy and give you the proven, documented facts, including some things that even your doctor may not know. And you will learn easy, safe, practical ways to eliminate the causes and heal the damage from allergies. You will be amazed at how much YOU can do to help your child.	YAC OCT 09
207.	11 Reasons Why :Your Allergy-Free Child” Is So Different And Outstanding On The Market Reason #1…What I teach you applies to all kinds of allergies and symptoms … Reason #6: I have organised the information and strategies so that you can begin diagnosing and treating your child’s allergies as you proceed through the chapters. … Reason #9: Your child can be actively involved in her or her own diagnosis and healing. Even school-age children can easily learn some of the gentle, nurturing methods in this book. With the testing methods, your child can identify which foods and substances to avoid in any situation. Also, children really enjoy the desensitization process, and respond beautifully to your loving, healing attention. Reason #10: Most of all, my book isn’t just a book. It’s a complete program for eliminating allergies and healing the damage they have caused to your child’s body. It tells you how to eliminate the key problems that must be corrected to heal allergies…	YAC OCT 09
208.	In Chapter 6, I reveal the 7 steps that will completely heal your child of allergy and the damage it causes to the body, and teach your child’s body not to react to normal substances – naturally, safely, painlessly, and permanently. Eliminate every allergy that affects your child. … Chapter 8 is all about nurturing your child’s health… If you are looking for a dynamite solution that blasts allergy – even the possibility of allergy – out of your child’s experience forever, here it is.	YAC OCT 09
209.	What’s it worth for you to get... · Simple steps to heal the underlying causes of allergy and the damage it has caused ... · Information that will let you reprogram your child’s brain to respond appropriately and safely to foods and substances	YAC OCT 09
210.	“Discover How You Can End The Misery Of Allergy For You And Your Child, Sleep Peacefully At Last Knowing Your Child Can Breathe, Be Free Of Endless Restrictive Diets And The Constant Fear Of An Allergic Reaction … Forever...” Learn how to beat your child’s allergies quickly and easily without injections or drugs! Available Now! Newly expanded life-saving E-book, “Your Allergy-Free Child”, in which Dr Price reveals all her secrets about healing allergies … Now also tells you how you can identify and clear your child’s allergies including some you may never have suspected. Imagine! You can heal your child yourself!	YAC OCT 09
211.	If you are a mother of an allergic child and you’ve tried in vain to find a solution, then this may be the most exciting message you have ever read… … But first let me tell you Jess’s story… ... In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals. … Now that we have begun treating Jess, mom can finally breathe a huge sigh of relief as she sees improvements from week to week. … I [Dr Price] have taught her to test for a whole range of foods and substances so that she can avoid those that disagree with Jess, and she has also learned how to eliminate some of his allergies after they have been identified.	YAC OCT 09
212.	HERE ARE 4 FACTS ABOUT ALLERGIES: … Fact #3: Allergies can be cured by healing the underlying problems, and re-programming the brain so that it doesn’t send a “danger” message to the body when certain substances are present. … The good news is … You can do something about your child’s allergies … right now. Safely, naturally and permanently!	YAC OCT 09
213.	Learn an easy, fun method you can use to help your child with allergies. … and many more secrets from pioneering allergy specialists that empower you to relieve your child’s allergies!	OAH JAN 10 OAH JUN 10

Online videos

Reference	Online Video
V-A	“1^st Allergy Help Online Training”, “1^st Allergy Help Intro” and “End of Allergies Online Training” (viewable on the End Allergies Website, on the 1 Allergy Help Website, at http://www.youtube.com and at http://www.vimeo.com)
V-B	*“Child Allergy Home Treatment” (viewable on the Allergy Relief Now Website and at http://www.youtube.com)*
V-E	*“Free Allergy Secret Revealed” (viewable on End Allergies Website)*

S/ment No	Statement of Concern	Source
214.	Bojan Schianetz states: ‘OK, like I promised I want to reveal to you my number one secret how you can relieve your child’s allergies without spending thousands of dollars in drugs and travels to your local health practitioner. ... The good news is that almost all allergies can be relieved.’	V-A
215.	Bojan Schianetz states: ‘I mentioned already that my passion is to help children to get rid of allergies because they are avoidable and your child deserves to be happy and healthy. To be able to enjoy life in the fullest. For this reason I have prepared a DVD with 7 more amazing secrets which will show you how to help your child. I want to give you this DVD for free. In this DVD I reveal for you for example ... which 5 foods in your kitchen are making your child sick …. the 7 steps you must take now to free your child from a lifetime of allergies.’	V-A
216.	Bojan Schianetz states: ‘Here you get personal coaching from me doing video training and showing you the most of the techniques and now how I am using successfully in my clinic. This is perhaps the best news of all. This will enable you to make the real changes in your child’s life knowing how to treat your child and prevent your child from all the risks in our environment. You see you compared from allergies can’t be treated; to being one of the few of parents worldwide who are able to relieve their child’s allergies and their symptoms significantly.... I show you how you can apply effective techniques at your home to fast relieve your child’s symptoms.’	V-A
217.	Bojan Schianetz states: ‘I promise in my personal coaching I teach you more than most of today’s allergists can tell you, and on top, I show you how you can apply effective techniques at your home to fast relieve your child’s symptoms.’	V-A
218.	[Videotape featuring Dr Dzung Price, assisted by Bojan Schianetz] Dzung Price states: ‘Hi, my name is Dr Dzung Price and I am one of the founder of the Renew You Centre for Wellbeing and Longevity ... Now my goal today is to show you some little tools and strategies for you to use in the event of you or your child or the child you are looking after is demonstrating some allergic like symptoms or sensitivity to either the food or the environment that you are exposed to. So what you can do in this situation and what I teach the parents who come to our clinic are some of the following strategies: One of the things you can do first is acupuncture points that you can press on in the event of being exposed a food that the child has eaten whether it be on purpose or by accident and what you can do to protect the body of the child so that it doesn’t react to as severely and you can actually dampen down the severity of the reactions. ... And the purpose of this is actually stimulating all the energy channels in the body to strengthen the flow of the energy channels and that will actually help protect the body and help it to detoxify the offending allergen or food that the child or you have just ingested. ... And that is going to help the body protect itself and keep strong and also help the body detoxify that out of the system more rapidly. ... And that is going to help the child basically overcome the reactions more quickly. ... The other thing that you can also use in conjunction with the simple acupressure massage up and down the spine or front massage points that you can do at the front as well is that we also use in our clinic food detox salts ... if you notice your child actually have already had a reaction to food or the environment then you can take a few grains of these salts ... if you notice your child actually have already had a reaction to food or the environment then you can take a few grains of these salts which has over 2000 vibrational programs they’re called chi programs and just allow the child to put a few salt crystal grains in his mouth like so and this is going to believe it or not this is going to help the child cope with that ingestion very very quickly within about 20 minutes the symptoms just about abate and you can do this in conjunction with the acupressure stimulation. ... So the programs are here designed to teach the body to reduce the sensitivities to the ingested food allergens or food sensitivities or colouring or additives or any of the toxic chemicals that we commonly find in our foods every day.’	V-B
219.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz. Welcome to endallergiesnow.com. I want to share with you in a free video my number one secret how you can beat your child’s allergies quickly and easily without injections, drugs, and far less visits to a doctor or health practitioner. Thousands of mothers and fathers are already applying my secrets successfully, helping their children breathe freely without restrictive diets and the constant fear of an allergic reaction. How do I know? Because I’m treating constantly children in my clinics and teaching parents how to protect their children to give them the best future possible.’	V-E

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)

S/ment No	Page No	Statement of Concern	Source
220.	3	Don’t let your child put up with allergy any longer. My book ‘Your Allergy-Free Child’ book is packed with easy-to-read information about allergies and how you can learn to eliminate the underlying causes of your child’s allergy in just 30 days. ... Based on 17 years of clinical work, I tell you exactly what you need to know, and share my time-tested, simple methods to prevent or heal your child’s allergies. Thousands of patients have used them with outstanding results. … You can free your child from the burden of allergies, forever. ... [Signed] Dr Dzung Price	B-A
221.	Cover	Heal Your Child’s Allergies At Home – Easily and Naturally!	B-A
222.	25	NOW YOU CAN HEAL YOUR CHILD OF ALLERGIES Your Allergy Free Child: 7 Proven Simple Steps to Eliminate Allergies Naturally in 30 Days or Less’ In this groundbreaking book, Dr. Dzung Price reveals the secrets to healing your child’s allergies at home. Easy step-by-step instructions take you through the revolutionary BioFAST Allergy Elimination System. The book comes with a training CD and free access to online tutorials by Dr. Price.	B-A

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
223.	Heal your child’s allergies at home – easily and naturally! Your Allergy Free Child shows you how to clear your child’s allergies … not just relieve symptoms but get rid of the allergies altogether! This one-of-a-kind guide reveals how YOU can become your child’s healer, including: … · How to reprogram the body-mind so your child has no more reactions	Back cover	N/A
224.	In this book ... you will also learn the same time-tested, simple, practical methods for preventing and healing your child of allergies that I have taught to thousands of patients, with outstanding results.	6	5
225.	This book is about simple, step-by-step solutions. In nine chapters, it provides clear, simple instructions that allow you to: ... Heal and Eliminate the Underlying Causes of Allergy Restore Your Child’s Natural Energy Balance ... Desensitize or neutralize known allergies or sensitivities … If you are fed up with seeing your child suffer from allergy ... here are your solutions. YOU can do it. And to ensure your success, I am offering every reader a terrific free bonus: live online coaching modules, where I demonstrate the testing and desensitization, at www.healyourallergies.com Dr Dzung Price, Holistic MD Gold Coast, 2007	7	N/A
226.	This book is about solutions. In eight fascinating, very informative chapters, it provides clear, simple instructions that will let you: ... √ Heal and Eliminate the Underlying Causes of Your Child’s Allergy √ Restore Your Child’s Natural Energy Balance ... If you are fed up with seeing your child suffer from allergy ... here are your solutions. YOU can do it. You can free your child from the burden of allergies, forever. Dr Dzung Price, Holistic MD Gold Coast, 2007	N/A	6
227.	Case study … I did an accelerated treatment on [8 year-old] Dallas for his basic allergens. Then I taught mom home treatments she could do, and sent her home with vials for the home treatments. ... After being cleared (desensitized) for minerals, vaccinations, artificial sweeteners, moulds and food additives, Dallas’ behaviour dramatically changed and his food intolerances cleared. … Dallas’s runny nose, hay fever and recurrent colds are controlled because his parents oversee his environmental controls and he has been successfully desensitized to his environmental allergens.	29-30	25
228.	The following program has worked wonders on thousands of patients and is designed to help your child heal their allergies or sensitivities and achieve a healthy allergy-free body.	73	59
229.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit … This technique reprograms your child’s immune response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. ... If you are not sure whether your child is sensitive to any supplement, consider desensitizing or neutralizing the substance with our ‘BioFAST Allergy-Free Kit’ (from www.freefromallergies.com).	79-80	N/A
230.	BioFAST Allergy Desensitizing System. Allergy desensitization and neutralization can be achieved with a non-invasive, painless and effective acupressure technique. It reprograms the immune system’s response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. ... (Learn how YOU can desensitize your child to a whole range of allergens with our BioFAST Allergy Free Kit on www.freefromallergies.com.) ... If you are not sure whether your child is sensitive to any supplement, consider desensitizing or neutralizing the substance with our ‘BioFAST Allergy-Free Kit’.	N/A	64-65
231.	YOU can desensitize your child to hundreds of allergens with our BioFAST Allergy-Free Kit on www.freefromallergies.com. This kit contains ampoules containing different substances that your child can be tested for. These ampoules are used to test your child for sensitivity to many substances, and to desensitize your child to those substances. You also get a detailed instruction manual, an instructional CD, and workbook. This sensational kit takes you through the testing and desensitization process step by step, for the most complete natural allergy elimination therapy available.	82	N/A
232.	If you follow the strategies outlined in this book, you will have taken major steps to reduce the impact of allergy on your child, and to eliminate the allergies that have caused so much misery. ... In most cases, your child will be healed of allergies if you follow the instructions in this book.	108	N/A
233.	Using the methods described in this book, you can test your child for hundreds of specific allergies…one at a time. You can also desensitize your child to the allergens that trigger those specific allergies … one at a time.	109	N/A
234.	Case Study … I started allergy desensitization with [8 month-old] Jemma and showed mother how to do some basic home treatments for strengthening up her energy pathways and basic food desensitization. … After clearing the rest of her allergies and sensitivities, Jemma’s bouts of irritability and discomfort magically disappeared and she became a happy, active child willing to try new foods. I taught [Mum] to do home desensitization treatments for any new foods she introduced to Jemma and for basic environmental sensitivities and she has indeed turned her child’s health around.	110-112	89-90
235.	BioFAST ALLERGY-FREE KIT With this kit, you can do so much more to heal your child. This fantastic healing tool gives you detailed instructions and the equipment you need to successfully test and treat your child for hundreds of allergies. The kit contains ampoules with the energy frequencies of different chemicals and substances that are known to cause allergies, including hormones, body chemical, even chemicals produced by our emotions. To teach you how to use these ampoules to test and reprogram your child, the kit also contains an instructional video, instruction manual, and a workbook. You’ll be ready to test and heal the whole family of allergies, if necessary! For information about the BioFAST Allergy Free Kit, or our BioFAST allergy program, go to www.freefromallergies.com	115	N/A
236.	BONUS 1: What To Do In An Emergency What Every Parent Of An Allergic Child Must Know … Steps You Can Take While Awaiting Emergency Care … Use Acupressure To Reduce The Allergic Reaction This method is useful if you know what allergen has caused the reaction. It can help save the child’s life as you await medical assistance. ... You can use this method on your child and you can also teach an older child to do the acupressure on him/herself. 1. Have your child hold the suspected allergen. 2. While the allergen is held, gently stimulate the acupressure points along side the spine. 3. Repeat every 10 minutes until the symptoms subside or medical assistance arrives. Usually, the symptoms can be reduced or eliminated within a number of minutes.	117-123	N/A
237.	Learn exactly how to test your child for allergies, and how to desensitize your child with my FREE, step-by-step instructions. Each module is a live online tutorial. I show you the correct method for carrying out the steps that will let you eliminate your child’s allergies. Sign up for this terrific free bonus now at www.healyourallergies.com	175	N/A
238.	“Heal your child’s allergies at home –easily and naturally!” “Price has done the impossible! She's condensed years of experience into an astonishingly useful book of instructions that any parent can understand. Her solutions to allergy are simple, totally natural and they work. With allergies on the rise worldwide, this is a very timely book!” – Bojan Schianetz N.D., Env. Engineer, bestselling author of Passivos Ambiantales (Contaminated Sites) and director of www.freefromallergies.com “Your Allergy-Free Child educates parents and gives them real hope of ending their child's suffering. The information in this book is life-changing. Any parent with an allergic child would be crazy not to read it!” – Dr Valeria Astorga, PhD BioSci, Dip Nutrition.	Back cover	N/A
239.	Dr Dzung Price is a holistic medical doctor also trained in alternative medicine, and director of two Renew You Medical clinics in Queensland. In over 15 years, she has taught hundreds of parents to heal their children’s allergies.	Back cover	N/A

SCHEDULE A

STATEMENTS BY NEW LIFE / RENEW YOU

PART 6: CHILD HOME SAFE REPRESENTATION

Webpages

Reference	Webpage	Reference	Webpage
AFC Oct 09	Allergy Free Child 27/10/09	OAH Jan 10	1 Allergy Help 20/1/10
YAC Oct 09	Your Allergy Free Child 21/10/09	OAH Jun 10	1 Allergy help 18/6/10
EAN Oct 09	End Allergies Now 21/10/09,27/10/09

S/ment No	Statement of Concern	Source
240.	Learn about a diet plan that gives even a very sensitive child the freedom to eat favorite foods SAFELY. Following this simple plan, you will finally be confident that you are providing meals that help your allergic child thrive...	OAH JAN 10 OAH JUN 10 EAN OCT 09
241.	“Discover How You Can End The Misery Of Allergy For You And Your Child, Sleep Peacefully At Last Knowing Your Child Can Breathe, Be Free Of Endless Restrictive Diets And The Constant Fear Of An Allergic Reaction … While Your Child Grows Healthier And Healthier” … What You’ll Find in This Book: … Natural, easy ways to remove or heal the underlying cause of allergy Step by step instructions to reprogram your child’s brain to respond appropriately and safely to foods and substances … Exactly how to build and maintain your child’s lifelong resistance to allergies	AFC OCT 09
242.	This book tells you how your child can eat the foods he loves without worrying about an allergic reaction You will learn how to protect your child no matter where she is, and eliminate the worry and fear of allergies forever Following the effective program, you can remove the causes of allergy and old reactive patterns so that your child can truly feel safe	YAC OCT 09
243.	That’s why following the steps in this book will radically improve your child’s overall health, as well as the allergy. ... My proven, easy program rebuilds your child’s health from the ground up, and puts him or her child on a path to a self-nurturing, unbelievably healthy, allergy-free lifestyle. When you have completed all the steps, you will reap the Powerful Benefits. ... You can let your child out of your sight with a calm mind, because she will be safe from allergic reactions – no matter what food or substances she contacts.	YAC OCT 09
244.	In Chapter 6, I reveal the 7 steps that will completely heal your child of allergy and the damage it causes to the body, and teach your child’s body not to react to normal substances – naturally, safely, painlessly, and permanently. Eliminate every allergy that affects your child. … Chapter 8 is all about nurturing your child’s health… If you are looking for a dynamite solution that blasts allergy – even the possibility of allergy – out of your child’s experience forever, here it is.	YAC OCT 09
245.	What’s it worth for you to get... · Information that will let you reprogram your child’s brain to respond appropriately and safely to foods and substances	YAC OCT 09
246.	“Discover How You Can End The Misery Of Allergy For You And Your Child, Sleep Peacefully At Last Knowing Your Child Can Breathe, Be Free Of Endless Restrictive Diets And The Constant Fear Of An Allergic Reaction … Forever...”	YAC OCT 09

Online videos

Reference	Online Video
V-E	*“Free Allergy Secret Revealed” (viewable on End Allergies Website)*

S/ment No	Statement of Concern	Source
247.	Bojan Schianetz states: ‘Thousands of mothers and fathers are already applying my secrets successfully, helping their children breathe freely without restrictive diets and the constant fear of an allergic reaction.’	V-E

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
248.	But Timothy is now seeing a holistic health doctor, and she is helping him get over his allergies. Now, he can sleep with his favourite teddy again, and is no longer allergic to it. I am sure Timothy’s mommy and the doctor will help Timothy get rid of all his allergies, so that Timothy can become strong, healthy, full of energy again, bright and free to enjoy life fully.	15	13
249.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit … This technique reprograms your child’s immune response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. Your child won’t have to give up the family pet, get allergy shots, or keep to strict food restrictions for the rest of his or her life. Neutralizing the body to the allergies enables your child to be able to live more harmoniously and safely with substances in the environment.	79	N/A
250.	BioFAST Allergy Desensitizing System. Allergy desensitization and neutralization can be achieved with a non-invasive, painless and effective acupressure technique. It reprograms the immune system’s response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. You won’t have to give up your pet, get allergy shots, rotate foods, keep diet diaries or cook allergy-free recipes for the rest of your life. Neutralizing the body to the allergies opens up more choices to the individual to be able to live more harmoniously and safely with substances in the environment. Instructions are in the next chapter. (Learn how YOU can desensitize your child to a whole range of allergens with our BioFAST Allergy Free Kit on www.freefromallergies.com.)	N/A	64

SCHEDULE B

STATEMENTS BY BOJAN SCHIANETZ

PART 1: ACCURATE ALLERGY TEST REPRESENTATION

Print Publications: Booklets

Reference	Booklet
B-B	*“The Special Allergy Report”* (Allergy Relief Now Website)
B-C	*“Welcome to the Renew You Journey” (Renew You Journey Website)*
B-D	*“Naturally Overcome the Peanut Allergy Epidemie: Special Report” (Peanut Allergy Free Website)*

S/ment No	Page No	Statement of Concern	Source
1.	17-19	Diagnosing Your Allergies or Sensitivities … Alternative Testing Methods Alternative medicine practitioners also employ a variety of non-traditional medical screening tests to detect allergies, sensitivities and food intolerances. These include: resonance testing, electrodermal screening test (also known as EAV or electroacupuncture by Voll), muscle response testing, cytotoxic test, prime test, applied kinesiological screening, pulse test, saliva test, meridian scanning test, computerized organ scanners, Kirlian photography, and electromagnetic force measurements.	B-D
2.	25 (B-B) 21 (B-D)	Allergy Breakthrough After helping thousands of patients with allergies, my colleague and I kept looking for better ways to test and eliminate allergies, especially for ways to speed up the process and detoxify the body at the same time. ... The first results exceeded our expectations! After 3 years of testing and refining, the fastest, most complete, natural BioFAST Allergy Free Program was born. [Signed] Bojan Schianetz	B-B B-D
3.	16	Core Allergy & Food Sensitivity Evaluation Panel …This test will evaluate the most important core 250 allergy groups people are commonly exposed to in our food and environment. This will be performed from a sample of your hair and blood and scanned with a highly advanced resonance equipment developed by a German company (Bruce Copen Laboratories) over the last 60 years.	B-C

SCHEDULE B

STATEMENTS BY BOJAN SCHIANETZ

PART 2: ALLERGY ELIMINATION AND SUCCESSFUL ALLERGY TREATMENT REPRESENTATION

Online Videos

Reference	Online Video
V-C	*“1^st Allergy Help” (viewable on 1allergyhelp Website)*
V-D	*“Is there a cure for a peanut allergy?” (viewable on Peanut Allergy Free Website and at http://www.youtube.com)*
V-E	*“Free Allergy Secret Revealed” (viewable on End Allergies Website)*

S/ment No	Statement of Concern	Source
4.	Bojan Schianetz states: ‘Do you suffer from Allergies and can’t find any solution? Do you have a child suffering badly from allergy symptoms not being able to live a restriction free life? And are you ready for help? If yes then you are at the right place. My name is Bojan Schianetz and as a German naturopath and environmental engineer, I was helping thousands of children and adults in my clinics with allergies and sensitivities with great success.’	V-C
5.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz, German naturopath and environmental engineer. Several years ago, I was allergic to all type of food. I was avoiding more and more and ended up eating only three different types of fruit. ... After years of searching I’ve found that there’s a way out and that it is possible to get rid of all the symptoms. Now I am completely cured and able to eat whatever I want and I’m very happy about it. Now I would like to give something back to help others with this problem, so I’ve dedicated the last 5 years to help children and adults to get rid of the symptoms and to be able to live a normal life. … So most people have eventually told you that there is no cure for this allergy and that the only solution is to avoid exposure for example to peanuts in all forms. My experience with my own case and with thousands of clients in my clinics is completely different. I had a lot of children and and adults with all different types of allergies and I can tell you in 87% of all case we had a significant improvement. … So what is the solution? At first I recommend strongly a comprehensive test because what you don’t know you can’t treat. The next step after testing is to desensitize and detoxify the body at the same time, together with lifestyle changes which involves nutrition, exercising and less stress. The success will be amazing.’	V-D
6.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz. Welcome to endallergiesnow.com. I want to share with you in a free video my number 1 secret how you can beat your child’s allergies quickly and easily without injections, drugs, and far less visits to a doctor or health practitioner. Thousands of mothers and fathers are already applying my secrets successfully, helping their children breathe freely without restrictive diets and the constant fear of an allergic reaction. How do I know? Because I’m treating constantly children in my clinics and teaching parents how to protect their children to give them the best future possible.’	V-E

Print Publications: Booklets

Reference	Booklet
B-B	*“The Special Allergy Report”* (Allergy Relief Now Website)
B-C	*“Welcome to the Renew You Journey” (Renew You Journey Website)*
B-D	*“Naturally Overcome the Peanut Allergy Epidemie: Special Report” (Peanut Allergy Free Website)*

S/ment No	Page No	Statement of Concern	Source
7.	8	Allergies are just the tip of the iceberg. This means that your or your child are not stuck with allergies. Once the underlying factors are removed, the allergies can be healed. ... People often come to my clinic as a last resort after being told that there is no cure for their or their children’s allergies, because modern medicine focuses on relieving the symptoms. Their faces light up when I tell them that allergies and food sensitivities can be treated, and in most cases, eliminated, by addressing the underlying causes as well as the symptoms. And it can be done with safe, natural, non-invasive therapies.	B-D
8.	25 (B-B) 21 (B-D)	Allergy Breakthrough After helping thousands of patients with allergies, my colleague and I kept looking for better ways to test and eliminate allergies, especially for ways to speed up the process and detoxify the body at the same time. ... The first results exceeded our expectations! After 3 years of testing and refining, the fastest, most complete, natural BioFAST Allergy Free Program was born. [Signed] Bojan Schianetz	B-B B-D
9.	21 (B-B) 19 (B-D)	When their allergies are eliminated naturally, children can grow up safe and secure, strong and confident in an allergy free environment that supports maximum health, vitality and peace of mind.	B-B B-D
10.	11-12	Physical & Biochemical level We aim to: … Eliminate allergies and food intolerances fast and effectively	B-C
11.	15	Report of Findings and Personalised Treatment Plan - Targeted Programs to Remove Obstacles to Healing - …Allergy Desensitisation	B-C
12.	19-20	Desensitization If you are sick and tired of struggling with restrictive elimination diets, rotation diets, and living in constant fear that your child may one day accidently [sic] ingest a potentially dangerous allergen and get seriously sick, then consider having yourself or your child desensitized to the allergens that affect you. Desensitizing to your allergens essentially reprograms your immune system to no longer regard the potential allergen as an enemy. Instead, your immune system is required to treat that reactive substance as harmless or like a friend. … There are several desensitization/elimination options available. Here are 3 of them, to give you an idea: 4 Injectable Immunotherapy … 5 Sublingual Immunotherapy … 6 BiofastTM Allergy Free Program – This is a very effective and accelerated allergy desensitization program which incorporates advanced bioresonance technology, sublingual desensitization drops, spinal release technique, detoxification, and nutrition to support the immune system. This system is also ideal for children, because it requires only a few treatments in the clinic. This is the only program addressing the underlying causes of sensitivities and allergies. For maximum effectiveness and lasting results, look for a program that addresses all aspects of your allergies, not one that just treats your symptoms, or one that desensitizes you to allergens without supporting your health and healing.	B-D

Print Publications: Magazines

Reference	Magazine
B-B	*Jigsaw (Issue 51, August 2009, pp 5-6)*

S/ment No

Page No

Statement of Concern

Source

13.

Bojan Schianetz – Naturopath, Environmental Engineer

www.BiofastAllergyFree.com

... When their allergies are eliminated naturally, children can grow up safe and secure, strong and confident in an allergy free environment that supports maximum health, vitality and peace of mind.

M-A

14.

Parents often believe that there is no solution for their children’s allergies. Their faces light up when they hear that allergies and food sensitivities can be successfully overcome, and with natural, non-invasive solutions.

M-A

SCHEDULE B

STATEMENTS BY BOJAN SCHIANETZ

PART 3: SAFE REPRESENTATION

Online videos

Reference	Online Video
V-C	“1^st Allergy Help” (viewable on 1allergyhelp Website)
V-D	“Is there a cure for a peanut allergy?” (viewable on Peanut Allergy Free Website and at http://www.youtube.com)

S/ment No

Statement of Concern

Source

15.

V-C

16.

...

…

V-D

Print Publications: Booklets

Reference	Booklet
B-B	*“The Special Allergy Report”* (Allergy Relief Now Website)
B-D	*“Naturally Overcome the Peanut Allergy Epidemie: Special Report” (Peanut Allergy Free Website)*

S/ment No

Page No

Statement of Concern

Source

17.

(B-B)

(B-D)

When their allergies are eliminated naturally, children can grow up safe and secure, strong and confident in an allergy-free environment that supports maximum health, vitality, and peace of mind.

B-B

B-D

18.

Desensitization

If you are sick and tired of struggling with restrictive elimination diets, rotation diets, and living in constant fear that you or your child may one day accidentally ingest or come into contact with a potentially dangerous allergen and get seriously sick, then consider having yourself or your child desensitized to the allergens that affect you.

Desensitizing to your allergens essentially reprograms your immune system to no longer regard the potential allergen as an enemy. Instead, your immune system is rewired to treat that reactive substance as harmless or like a friend.

B-D

Print Publications: Magazines

Reference	Magazine
M-A	*Jigsaw (Issue 51, August 2009, pp 5-6)*

S/ment No

Page No

Statement of Concern

Source

19.

Bojan Schianetz – Naturopath, Environmental Engineer

www.BiofastAllergyFree.com

... When their allergies are eliminated naturally, children can grow up safe and secure, strong and confident in an allergy free environment that supports maximum health, vitality and peace of mind.

M-A

SCHEDULE B

STATEMENTS BY BOJAN SCHIANETZ

PART 4: CHILD HOME ACCURATE ALLERGY TEST REPRESENTATION

Webpages

Reference	Webpage
OAH Jan 10	1 Allergy Help 20/1/10
OAH Jun 10	1 Allergy Help 18/6/10
EAN Oct 09	End Allergies Now 21/10/09, 27/10/09

S/ment

Statement of Concern

Source

20.

The 7 Steps you MUST take NOW to free your child from a lifetime of allergies and their associated, equally harmful maladies!

...

Simple techniques you can use to discover which exact substances are affecting your child.

EAN OCT 09

21.

Secret #7: the 7 steps you MUST take NOW to help your child with allergies!
...

Simple techniques you can use to discover which exact substances are affecting your child (including many you may not have suspected before).

OAH JAN 10

OAH JUN 10

Online videos

Reference	Online Video
V-A	“1^st Allergy Help Online Training”, “1^st Allergy Help Intro” and “End of Allergies Online Training” (viewable on the End Allergies Website, on the 1 Allergy Help Website, at http://www.youtube.com and at http://www.vimeo.com)

S/ment No	Statement of Concern	Source
22.	Bojan Schianetz states: ‘In this DVD I reveal for you ... which 5 foods now in your kitchen are making your child sick …. the 7 steps you must take now to free your child from a lifetime of allergies. Simple techniques you can use to discover which exact substances are affecting your child and loads more practical advices …’	V-A

SCHEDULE B

STATEMENTS BY BOJAN SCHIANETZ

PART 5: CHILD HOME ALLERGY ELIMINATION AND SUCCESSFUL ALLERGY TREATMENT REPRESENTATION

Webpages

Reference	Webpage
OAH Jan 10	1 Allergy Help 20/1/10
OAH Jun 10	1 Allergy Help 18/6/10
EAN Oct 09	End Allergies Now 21/10/09, 27/10/09

S/ment No	Statement of Concern	Source
23.	Learn an easy, fun method you can use to eliminate your child’s allergies (Kids love it!) … and many more secrets from pioneering allergy specialists that empower you to relieve your child’s allergies!	EAN OCT 09
24.	Personal Coaching from me that takes you step-by-step through the entire F.A.S.T.™ (Fast Freedom from Allergies Self-Treatment Program) process. If you follow my easy directions, you will be able to relieve your child’s allergies within a short period of 6 months. The success rate is 87% and that’s including some very seriously-compromised kids!	EAN OCT 09
25.	Do You Want To Know How To: ... Free your child from a lifetime of allergies and their associated, equally harmful maladies! ... and loads more secrets from *pioneering allergy specialists* that empower you to get rid of your child’s allergies forever!	EAN OCT 09
26.	“7 Secrets How to Banish Your Childs Allergies Forever”	EAN OCT 09
27.	Find out today how you can banish your child’s Allergies forever with our free DVD!	EAN OCT 09
28.	“FREE Video Reveals The #1 Secret To Banish Allergies, Other Immunity-Based Conditions Forever And Saving Your Child’s Health and Future”	EAN JAN 10
29.	If you’re looking for fast freedom from allergies, this Self-Treatment Program will show you an all-natural, revolutionary way to relieve your child’s allergies, sensitivities, and food intolerances.	EAN OCT 09 OAH JAN 10 OAH JUN 10
30.	Learn an easy, fun method you can use to help your child with allergies. … and many more secrets from pioneering allergy specialists that empower you to relieve your child’s allergies!	OAH JAN 10 OAH JUN 10

Online videos

Reference	Online Video
V-A	“1^st Allergy Help Online Training”, “1^st Allergy Help Intro” and “End of Allergies Online Training” (viewable on the End Allergies Website, on the 1 Allergy Help Website, at http://www.youtube.com and at http://www.vimeo.com)
V-E	*“Free Allergy Secret Revealed” (viewable on End Allergies Website)*

S/ment No	Statement of Concern	Source
31.	Bojan Schianetz states: ‘OK, like I promised I want to reveal to you my number one secret how you can relieve your child’s allergies without spending thousands of dollars in drugs and travels to your local health practitioner. ... The good news is that almost all allergies can be relieved.’	V-A
32.	Bojan Schianetz states: ‘I mentioned already that my passion is to help children to get rid of allergies because they are avoidable and your child deserves to be happy and healthy. To be able to enjoy life in the fullest. For this reason I have prepared a DVD with 7 more amazing secrets which will show you how to help your child. I want to give you this DVD for free. In this DVD I reveal for you for example ... which 5 foods in your kitchen are making your child sick …. the 7 steps you must take now to free your child from a lifetime of allergies.’	V-A
33.	Bojan Schianetz states: ‘Here you get personal coaching from me doing video training and showing you the most of the techniques and now how I am using successfully in my clinic. This is perhaps the best news of all. This will enable you to make the real changes in your child’s life knowing how to treat your child and prevent your child from all the risks in our environment. You see you compared from allergies can’t be treated; to being one of the few of parents worldwide who are able to relieve their child’s allergies and their symptoms significantly.... I show you how you can apply effective techniques at your home to fast relieve your child’s symptoms.’	V-A
34.	Bojan Schianetz states: ‘I promise in my personal coaching I teach you more than most of today’s allergists can tell you, and on top, I show you how you can apply effective techniques at your home to fast relieve your child’s symptoms.’	V-A
35.	Bojan Schianetz states: ‘Hi, I’m Bojan Schianetz. Welcome to endallergiesnow.com. I want to share with you in a free video my number one secret how you can beat your child’s allergies quickly and easily without injections, drugs, and far less visits to a doctor or health practitioner. Thousands of mothers and fathers are already applying my secrets successfully, helping their children breathe freely without restrictive diets and the constant fear of an allergic reaction. How do I know? Because I’m treating constantly children in my clinics and teaching parents how to protect their children to give them the best future possible.’	V-E

Print Publications: Magazines

Reference	Magazine
M-A	*Jigsaw (Issue 51, August 2009, pp 5-6)*

S/ment No	Page No	Statement of Concern	Source
36.	6	To learn a very fast allergy relief technique that can be done in under five minutes, any place, any time, and know more about solutions to allergies, go to http://www.allergyreliefnow.com.au to download a free training video showing emergency action steps and a free educational allergy e-booklet.	M-A

SCHEDULE B

STATEMENTS BY BOJAN SCHIANETZ

PART 6: CHILD HOME SAFE REPRESENTATION

Webpages

Reference	Webpage
OAH Jan 10	1 Allergy Help 20/1/10
OAH Jun 10	1 Allergy Help 18/6/10
EAN Oct 09	End Allergies Now 21/10/09, 27/10/09

S/ment No

Statement of Concern

Source

37.

Learn about a diet plan that gives even a very sensitive child the freedom to eat favorite foods SAFELY. Following this simple plan, you will finally be confident that you are providing meals that help your allergic child thrive...

OAH JAN 10

OAH JUN 10

EAN OCT 09

Online videos

Reference	Online Video
V-E	*“Free Allergy Secret Revealed” (viewable on End Allergies Website)*

S/ment No	Statement of Concern	Source
38.	Bojan Schianetz states: ‘Thousands of mothers and fathers are already applying my secrets successfully, helping their children breathe freely without restrictive diets and the constant fear of an allergic reaction.’	V-E

SCHEDULE C

STATEMENTS BY DZUNG PRICE

PART 1: ACCURATE ALLERGY TEST REPRESENTATION

Webpages

Reference	Webpage
YAC Oct 09	Your Allergy Free Child 21/10/09

S/ment No

Statement of Concern

Source

In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts.

...

On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals.

YAC OCT 09

But what my team and I specialise in is identifying and treating hidden allergies.

YAC OCT 09

CDS/DVDs

Reference	CD/DVD
*D-B*	*“Overcoming your allergies” (CD)*
*D-C*	*“The Art of Reliable Muscle Testing to Improve Your Health and Life” (DVD)*

S/ment No	Time	Statement of Concern	Source
3.	Track 2, 25:25	Dzung Price states: ‘How do we test and diagnose your allergies? Well we test for the allergies and we test also for the underlying causes of allergies or sensitivities. We diagnose allergies in a number of ways. We can use a computerised electrodermal screening device called the Orion Explorer which measures conductions or resistance at specific acupuncture points on your hand and we use it as a diagnostic tool to identify food, environmental and chemical allergy triggers. We can also employ applied kinesiology or muscle testing and this can be um this can be often a very useful tool for us to also teach a client and train them to help them identify for themselves their own allergy triggers in their environment. There are more conventional tests such as skin prick tests or blood tests and they may be performed if required.’	D-B
4.	Track 3, 16:26	Dzung Price states: ‘Well, we test allergies and we also test for the for the underlying cause of your allergies or sensitivities so we diagnose in them in a number of ways. We can use a computerised electrodermal screening device called Orion Explorer and it measures conductions and resistance at specific acupuncture points and we use it as a diagnostic tool to screen different food, chemical and environmental triggers. We may also employ applied kinesiology or muscle testing as a testing tool to identify reactive substances in the environment and also the additional way to train clients to help them identify for themselves their own allergy triggers in their environment. We also use conventional more conventional tests if necessary such as blood tests, skin prick tests if required.’	D-B
5.	4:46	Dzung Price states: ‘A lot of allergies are actually hidden, that means they’re not obvious to you and they present as many of those bizarre unconnected symptoms that you might be experiencing and you don’t realise that it’s your body’s response to that substance that is giving you that symptom. ... When we first go and identify what those hidden allergies are we can then reprogram those allergies and actually have a different response. So I test her for all her foods and found that she reacted to a lot of her foods in her diet that she was eating every day. Her wheat products, her dairy products, it was even fruit and vegetables.’	D-C
6.	9:49	Dzung Price states: ‘Now a lot of people when I test them they have a lot of allergies to basic nutrients such as protein, you know vitamin C, vitamin Bs, sugars, iron, vitamin A, wheat.’	D-C
7.	13:10	Dzung Price states: ‘So you might ask “well yes how did I get to be here in the first place? You know because I didn’t know I had any allergies.” A lot of people tell me “I don’t have any allergies”, but yet when I test them they’ve got quite a few hidden allergies.’	D-C
8.	42:22	Dzung Price states: ‘This lady that I saw that had a lot of fatigue, we found that she had a lot of hidden food allergies. She had allergies to basic foundational nutrients like she had allergies to vitamin Bs, so she couldn’t even deal with stress she couldn’t make serotonin to make her feel good, she was allergic to magnesium and zinc, her protein she was allergic to her to eggs and chicken and meat so when she ate those foods she couldn’t she didn’t feel good, she just felt tired, so every time she ate protein instead of supporting and repairing her body it just made her tired.’	D-C

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)

S/ment No

Page No

Statement of Concern

Source

23-24

The most effective way to relieve your child from the worry, burden and distress of allergies or substance sensitivities is to identify and desensitize your child to allergens.

...

BioFAST identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and very fast.

B-A

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
10.	Case study … On assessment, I found that [8 year-old Dallas] was reacting to quite a number of foods, basic nutrients, certain colors such as red, food additives and colors, artificial sweeteners, moulds, dust mix, neurotransmitters, brain parts and certain vaccinations. ... I did an accelerated treatment on Dallas for his basic allergens.	29	24
11.	Using a combination of special techniques and cutting edge bioresonance equipment, BioFAST can accurately identify up [to] 500 allergies and eliminate 6 allergies per session.	109	N/A
12.	Case Study … When I saw [8 month-old] Jemma, she was a little small for her age but was otherwise healthy looking. An allergy assessment (surrogate testing through mom) revealed that Jemma was reacting to nearly all the basic ingredients in food including the phenolics. She was allergic to egg mix, vitamin C, B complex, sugar mix, vit A mix, iron mix, grain mix, milk mix and phenolics. She was even reacting to water at some level.	110-111	89
13.	The BioFAST system identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and quickly.	112-113	91
14.	BioFAST speeds up the process with ultra-modern bioresonance equipment that interacts quickly and powerfully with the body's energy field. With this equipment, your BioFAST practitioner can test many allergens at one time, as well as treat the different sensitivities at the same time.	113	92

SCHEDULE C

STATEMENTS BY DZUNG PRICE

PART 2: ALLERGY ELIMINATION AND SUCCESSFUL ALLERGY TREATMENT REPRESENTATION

Webpages

Reference	Webpage
YAC Oct 09	Your Allergy Free Child 21/10/09
ECB Sep 10	Eternity Crystal Beauty 23/09/10

S/ment No	Statement of Concern	Source
15.	To generate orders and earn more income, use large eye-catching headlines such as: Allergy Free Child Naturally – Guaranteed Discover How You Can End The Misery Of Allergy For You And Your Child Allergy free in 30 days or less! You can do something about your child’s allergies – right now. Safely, naturally and permanently! Breakthrough Allergy Cure revealed! Discover how to beat your child’s allergies quickly and easily without injections or drugs!	YAC OCT 09
16.	If you are a mother of an allergic child and you’ve tried in vain to find a solution, then this may be the most exciting message you have ever read… … But first let me tell you Jess’s story… … In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals. ... Now that we have begun treating Jess, mom can finally breathe a huge sigh of relief as she sees improvements from week to week. ... Because Jess is so ill, he needs some expert care to heal from his allergies and to build his health to an acceptable level, so he will see me for a few months, then continue on a maintenance program. ... Incidentally, I am also treating mom, who also has allergies though she didn’t know it before.	YAC OCT 09
17.	Before I wrote this book, I spent 17 years treating children just like yours, with allergies ranging from mild to very severe.	YAC OCT 09
18.	In 17 years of clinical practice, I’ve used a unique mix of western medicine and eastern therapies to help thousands of patients suffering from allergies and related immune diseases.	YAC OCT 09
19.	As a doctor who has treated thousands of allergic children, I am giving you the benefit of my 17 years experience treating all kinds of allergic and allergy-related conditions.	YAC OCT 09
20.	But what my team and I specialise in is identifying and treating hidden allergies. We provide a gentle, fast, effective, non-invasive allergy elimination technique to reprogram the body back to wellness. This technique gets amazing results in children who’ve been traumatized by needles or standard allergy densensitization procedures. And in children with severe, life threatening allergies.	YAC OCT 09
21.	The Shield & Detox range [of products] is excellent for alleviating allergies…	ECB SEP 10
22.	CHI Organ Detoxification Drops · Help relieve symptoms associated with allergies and toxaemia.	ECB SEP 10
23.	CHI Food Detox Salt Crystals (large) · These salts help relieve abdominal discomfort and reduce the impact of allergic symptoms due to food, drink, additives or pesticides. They also help reduce food cravings and minimise the impact of gluten intolerance while helping the body detoxify and maintain wellbeing.	ECB SEP 10

CDS/DVDs

Reference	CD/DVD
D-B	*“Overcoming your allergies” (CD)*
D-C	*“The Art of Reliable Muscle Testing to Improve Your Health and Life” (DVD)*

S/ment No	Time	Statement of Concern	Source
24.	Track 2, 1:32	Dzung Price states that her “special interests” include “advanced allergy elimination”.	D-B
25.	Track 2, 1:55	Dzung Price states: ‘Our holistic health team specialises in identifying hidden allergies and delivering a gentle, fast, effective, non-invasive allergy elimination solution to reprogram the body back to wellness. This technique is amazingly effective in children who are traumatised by needles or standard allergy desensitisation procedures or who present with severe life-threatening allergies. Treating allergies in children and adults frees them from life long restrictive elimination diets and empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
26.	Track 2, 23:10	Dzung Price states: ‘The Be Safe Advanced Allergy Elimination Program has been designed after years of clinical research and experience to provide people with a fast and permanent solution for an allergy free existence. Be Safe is a new allergy elimination technique based on a number of modalities including quantum physics, bioresonance, homeopathy, naturopathy and nutritional principles which all combine together to give the best results for long lasting allergy elimination ... it is actually a complete program that integrates holistic principles to help you get rid of your allergies, intolerances or sensitivities to substances and chronic poisoning so that you can re-establish your natural health balance and vitalities. Now the program involves an extensive assessment, diagnosis and seven important healing steps.’	D-B
27.	Track 2, 24:37	Dzung Price states that the Be Safe Advanced Allergy Elimination Program ‘restores the body’s natural immune reactions making your life enjoyable, full and balanced again.’	D-B
28.	Track 2, 24:57	Dzung Price states: ‘As a team we specialise in identifying hidden allergies and delivering a gentle, fast, effective, non-invasive allergy elimination solution to reprogram the body back to wellness and health. So our system for treating allergies and related conditions in children and adults frees them from lifelong restrictive diets and really empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
29.	Track 2, 28:36	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation using a very fast non-invasive and effective technique to reprogram your body to regard those substances that were previously your body reacted to as now being safe or neutral so that your body goes from fear and protection to feeling safe and to love growth and healing.’	D-B
30.	Track 2, 30:10	Dzung Price states: ‘After correcting the underlying strategies to allow your body to get well we then and desensitising the allergens that we identified then we look at restoring hormonal balance …’	D-B
31.	Track 3, 2:18 3:05	Dzung Price states: ‘Our clinics that we have in Queensland are called Renew You Medical Clinic and we specialise firstly in allergy elimination because that is actually the underlying cause to many many conditions that people are not aware of. People aren’t aware that they have a lot of hidden allergies and sensitivities and this may be one of the key obstacles in the healing processes ... So after doing a lot of extensive research and travels and conferences and studies we actually formulated a new system to clear underlying allergies and sensitivities quickly, painlessly, effectively and in a non-invasive fashion.’	D-B
32.	Track 3, 12:51	Dzung Price states: ‘We designed a program called the Be Safe Advanced Allergy Elimination System and that stands for Bioactive Solutions For An Allergy Free Existence. And it has been designed specifically to provide people with a fast and permanent solution for an allergy free existence. And it’s a technique based on quantum physics, bioresonance, homeopathy, naturopathy and nutritional principles which all combine to give the best results for a long lasting allergy elimination. Because it’s quite a complete program it integrates all of the above techniques that I’ve mentioned it helps you to get rid of your allergies and intolerances to substances in a very holistic way and to establish your to re-establish your natural health and and vitality so that you can also maintain your health long term on the wellness journey.’	D-B
33.	Track 3, 19:19	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation so that means that we identify your allergy triggers or reactive substances and we neutralise the body’s response to those substances so that you now feel safe with those substances which means that your live together with your environment in a harmonious way. So instead of seeing your previous certain foods as toxic or poisonous or this substance as bad for you your body will be reprogrammed to reinterpret those substances as safe and beneficial or at least neutral to your body.’	D-B
34.	Track 3, 22:30 23:27	In response to a question about the duration of the treatment program, Dzung Price states: ‘It depends on a number of reasons causes. First of all we have to see how many allergies you have because the more allergies you have the more toxic load there is on your immune system and we want to be able to reprogram your body to every one of those individually identified allergens to remove that toxic burden to your immune system and allow your body to get well ... So however we do offer allergy solutions in a number of ways. First one we do is we can clear one group of allergies at a time. It only takes one allergen per treatment and we use an acupressure point stimulation up and down the spine that basically reprograms your immune system your autonomic nervous system and all your organs and energy channels to reinterpret the substance your previously thought as toxic as actually beneficial or safe for you. So that’s one way that we do it and that’s called NAET. The second way that we we we do it is that we offer accelerated allergy treatments for those who might want to do get there a little bit faster so we use a bioresonance specialised cutting edge state of the art bioresonance equipment that basically clears six allergies at a time so that you’ll be basically lying on a on a bed with holding the sensoring rods that basically detects your underlying unhealthy frequencies back to the device and the device will basically print into your body balancing frequencies that will iron out any of the identified allergens that you may had that we will put into the input tray.’	D-B
35.	Track 3, 25:25	In response to a question regarding whether ‘I have to stay off those lovely foods I want to eat forever’, Dzung Price states: ‘That’s a really good question. If you if you’ve got genetic allergies that is the ones that pass down from your mum and dad then you can still clear them, you can still teach your body a different response. We also clear DNA and RNA which is genetic tendency to those allergies as well and importantly if anyone is thinking of getting pregnant or or conceiving to clear the allergies before they have children because you will pass them straight over to the children and then your children have to be treated so it pays to basically clear them when you’re younger and I’m very passionate about clearing allergies in children because you you you can impact them in such a positive way because they often have so many allergies and sensitivities because they are much more susceptible to the toxins in our environment such as plastics and pesticides and chemicals and formaldehydes and they really do affect children’s behaviour the food additives and a lot of parents aren’t aware that children are reacting and that that their behaviour changes are actually due to underlying allergies and when you clear them amazingly you know so many conditions that children have such as bedwetting or eczema or unruly aggressive behaviour or coughing asthma they can actually resolve very very quickly so it’s it’s amazing how much the picture clears up when you remove the allergy triggers out of the out of the equation.’	D-B
36.	Track 3, 27:27	Dzung Price states, ‘We have an over 90% success rate when it comes to treating allergies and sensitivities to to anything from spider webs to food sensitivities to you know the environmentally chemical individual.’	D-B
37.	6:39	Dzung Price states: ‘When we first go and identify what those hidden allergies are we can then reprogram those allergies and actually have a different response. So I test her for all her foods and found that she reacted to a lot of her foods in her diet that she was eating every day. ... So when we took her off her the food that we identified to be a trigger she had no more migraines. It was just as easy as that. Once we identified it it was gone and to give her some flexibility in her life we actually reprogrammed her body so that it no longer considered those food as a toxin. So we can treat any allergies or intolerances or sensitivities and reprogram the body in such a way that it lives more harmoniously with your environment. ... So a lot of time people have unidentified triggers that are causing their symptoms and what we want to do is come in and identify what those triggers are and remove them from their environment or secondly reprogram them so that their body feels safe with that food or substance and this is one of the very common fundamental things that I do first.’	D-C
38.	Appx 24:03	Dzung Price states: ‘But it takes energy to hold to those onto those things and it’s important to resolve them so that your body then truly heals, your body feels safe again. Now we will also deal with that at some stage ‘cause it’s important that we we don’t want to treat or clear all your hidden allergies only for you to create another 50 allergies...’	D-C
39.	Appx 44:05	Dzung Price states: ‘You know so reprogramming all the all the food allergies the hidden nutrients allergies the even some of the environmental toxins, that could be people, it could be your family as well, it was so very important to release the energy to available to start healing and start to make your body feel safe. Then after we correct all the hidden allergies or sensitivities we then start to correct their nutritional deficiencies.’	D-C

Online Videos

Reference	Online Video
V-F	*“How to Reverse Your Child Allergies” (viewable on various internet websites)*

S/ment No	Statement of Concern	Source
40.	Dzung Price states: ‘Allergy Elimination – there was a clinical study that showed 87.2% rate Allergy Elimination on very good to excellent. That was in an alternative medicine review. And this investigation uses similar technique to ones we use at our clinic … The desensitising treatments we use involve the use of acupressure stimulation, it’s like a chiropractic technique plus bioresonance therapy plus sub-immunotherapy desensitisation drops. We combine all of these techniques because individually they work but when we actually combine them together we can get faster results and without the avoidance period that you get with individual treatments.’	V-F

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)

S/ment No	Page No	Statement of Concern	Source
41.	3	As a wholistic medical doctor trained in both western conservative (allopathic) medicine and complementary and alternative medicine, I have helped thousands of patients suffering with allergies and related immune diseases, My team and I specialise in healing and eliminating allergies using a unique and very effective program that includes nutritional, environmental and homeopathic medicines, acupressure, and energy medicine: our BioFast program. ... [Signed] Dr Dzung Price	B-A
42.	25	The BioFAST Allergy Elimination System A revolutionary 7 step program to completely eliminate your allergies by removing or correcting the underlying causes, including toxins. It’s fast, completely natural, safe, and painless, and it’s already helped thousands of people beat their allergies forever. ... If you would like to know more about allergies, or our BioFAST products and programs, please contact me or the team of naturopaths at: www.freefromallergies.com www.newlifewellbeing.com www.renewyoujourney.com	B-A
43.	23	Many doctors believe that allergies cannot be fully cured. Yet I have successfully desensitized many children (and adults) to many substances that previously caused allergic reactions, including anaphylactic cases, and have seen many times over how a child’s health and life can be dramatically changed and totally transformed. The most effective way to relieve your child from the worry, burden and distress of allergies or substance sensitivities is to identify and desensitize your child to allergens.	B-A
44.	23-24	Is There Really a Natural Therapy That Can Heal Your Child’s Allergies? Yes, there is. The BioFAST Allergy Elimination System is a breakthrough allergy treatment that applies chiropractic, kinesiology, acupuncture and the most advanced bioactive therapies to permanently remove sensitivities to allergens. Clinical studies and experience have shown that it’s by far one of the most effective allergy elimination treatments available.	B-A
45.	24	BioFAST identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and very fast. Our tested, proven BioFAST system will clear your child’s allergies for good. ... Imagine what a load is lifted from you, knowing that your child is safe and healthy. The BioFAST system has cleared your child of allergies safely, without pain or distress. It has healed all the damage done by allergies, and rebuilt your child’s health from the cells up. You are done with allergies! I’ve listed our BioFAST allergy products and programs have helped hundreds of our clients clear their allergies and achieve the vibrant health they’ve always dreamed of … safety, naturally, and without drugs or injections. We use ancient eastern and cutting-edge science to provide you with the most powerful, safe, totally natural remedies you can find to heal your child’s (or your) allergies.	B-A

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
46.	YOUR ALLERGY FREE CHILD 7 proven simple steps to eliminate allergies naturally in 30 days or less!	Front cover	Front cover
47.	My team and I specialize in treating allergies using a unique and very effective program that includes nutrition and environmental advice, homeopathic and herbal medicines, acupressure and energy medicine.	6	5
48.	Many doctors believe that allergies cannot be fully cured. Yet I have successfully desensitized many children (and adults) to many substances that previously caused allergic reactions, including anaphylactic cases, and have seen many times over how a child’s health and life can be dramatically changed and totally transformed.	28	24
49.	Case study … I did an accelerated treatment on [8 year-old] Dallas for his basic allergens. Then I taught mom home treatments she could do, and sent her home with vials for the home treatments. ... After being cleared (desensitized) for minerals, vaccinations, artificial sweeteners, moulds and food additives, Dallas’ behaviour dramatically changed and his food intolerances cleared. … Dallas’s runny nose, hay fever and recurrent colds are controlled because his parents oversee his environmental controls and he has been successfully desensitized to his environmental allergens.	29-30	25
50.	The following program has worked wonders on thousands of patients and is designed to help your child heal their allergies or sensitivities and achieve a healthy allergy-free body. The seven steps to healing allergies are: … · Eliminate Allergens … · Allergy Desensitization and Neutralization	73-74	59
51.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit or through advanced bioresonance equipment …	79	N/A
52.	Our time-tested BioFAST system will clear your child’s allergies for good using the methods described in this book ... with the added important advantage of having an expert in charge of the process. Your BioFAST therapist will not only do everything we’ve described here ... and more ... but do it MUCH faster.	108-109	N/A
53.	Using a combination of special techniques and cutting edge bioresonance equipment, BioFAST can accurately identify up [to] 500 allergies and eliminate 6 allergies per session.	109	N/A
54.	How the BioFAST Program Works The BioFAST system uses a combination of ancient eastern and cutting-edge science to permanently remove your child’s sensitivity to allergens, and to heal your child from the effects of allergy.	112	N/A
55.	The BioFAST system uses a combination of ancient eastern and cutting-edge science to permanently remove your child’s sensitivity to allergens, and to heal your child from the effects of allergy.	N/A	90
56.	BioFAST is a breakthrough allergy treatment that applies chiropractic, kinesiology, acupuncture and the most advanced bioresonance therapies to permanently remove sensitivities to allergens. Clinical studies and experience have shown that it is by far one of the most effective allergy elimination treatments available. This is because BioFAST treats allergies on the most fundamental level of energy in the context of a totally holistic and comprehensive care.	112	91
57.	Based on the understanding of quantum physics and Einstein theory of relativity that all ‘matter’ is made of energy, the BioFAST system re-directs and balances the flow of energy around the body, removing the blockages (in invisible energy channels called meridians) that cause allergy and disease. The BioFAST system identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and quickly. This breakthrough totally natural system uses a chiropractic and acupressure technique to stimulate the areas of the body that are connected to blockages in the energy system, based on the original NAET system developed by Dr Devi Nambrudipad [sic].	112-113	N/A
58.	Based on the understanding of quantum physics and Einstein theory of relativity that all ‘matter’ is made of energy, the BioFAST system re-directs and balances the flow of energy around the body, removing the blockages (in invisible energy channels called meridians) that cause allergy and disease. The BioFAST system identifies and clears the allergies that cause these symptoms – without pain, without unpleasant side effects, and quickly. How the Treatment Works BioFAST stands for Bioactive Fast Allergy Solutions Therapy This breakthrough totally natural system uses a chiropractic and acupressure technique to stimulate the areas of the body that are connected to blockages in the energy system, based on the original NAET system developed by Dr Devi Nambrudipad [sic].	N/A	91
59.	For example, a wheat allergy might cause a blockage in the spleen or liver meridian (energy channel), causing chronic low energy, fatigue and muscle pain and spasms. To treat for the wheat allergy, the practitioner stimulates areas of the nervous system related to the liver and spleen while the person is holding the allergen. In this way, the energy blockage is cleared in that area, and the brain receives a message that wheat is not dangerous. In many cases, the body no longer identifies wheat as an allergen, and energy blockages in response to wheat no longer occur. In rare cases, the person’s sensitivity to a treated allergen may remain, but will be greatly reduced.	113	91
60.	About the author ... In her two Brisbane ‘Renew You’ clinics Dr. Price has treated patients for seventeen years, specializing in allergy, hormonal imbalance therapies and anti-ageing.	174	N/A

SCHEDULE C

STATEMENTS BY DZUNG PRICE

PART 3: SAFE REPRESENTATION

CDS/DVDs

Reference	CD/DVD
D-B	*“Overcoming your allergies” (CD)*
D-C	*“The Art of Reliable Muscle Testing to Improve Your Health and Life” (DVD)*

S/ment No	Time	Statement of Concern	Source
61.	Track 2, 1:55	Dzung Price states: ‘Our holistic health team specialises in identifying hidden allergies and delivering a gentle, fast, effective, non-invasive allergy elimination solution to reprogram the body back to wellness. This technique is amazingly effective in children who are traumatised by needles or standard allergy desensitisation procedures or who present with severe life-threatening allergies. Treating allergies in children and adults frees them from life long restrictive elimination diets and empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
62.	Track 2, 24:57	Dzung Price states: ‘So our system for treating allergies and related conditions in children and adults frees them from lifelong restrictive diets and really empowers them to feel self-confident and safe in our increasingly polluted and toxic world.’	D-B
63.	Track 2, 28:36	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation using a very fast non-invasive and effective technique to reprogram your body to regard those substances that were previously your body reacted to as now being safe or neutral so that your body goes from fear and protection to feeling safe and to love growth and healing.’	D-B
64.	Track 3, 12:51	Dzung Price states that the Be Safe Allergy Elimination System ‘basically restores your body’s natural immune reactions making your life more enjoyable, full and balanced again so that once you complete the program you can then be free of all those restrictive elimination diets that you were you might be place on before you can eat things that previously you were intolerant to you can go out and smell pollens and flowers an and and and be exposed to perfume again where previously you may have be a have been able to had to avoid them and you can be free of your sinuses and congestion and headaches and runny nose etcetera. So it’s about giving choice back to a person whose life might have been very restricted before.’	D-B
65.	Track 3, 19:19	Dzung Price states: ‘Then we look at allergy desensitisation and neutralisation so that means that we identify your allergy triggers or reactive substances and we neutralise the body’s response to those substances so that you now feel safe with those substances which means that your live together with your environment in a harmonious way. So instead of seeing your previous certain foods as toxic or poisonous or this substance as bad for you your body will be reprogrammed to reinterpret those substances as safe and beneficial or at least neutral to your body.’	D-B
66.	Track 3, 25:25	In response to a question regarding whether ‘I have to stay off those lovely foods I want to eat forever’, Dzung Price states: ‘That’s a really good question. If you if you’ve got genetic allergies that is the ones that pass down from your mum and dad then you can still clear them, you can still teach your body a different response.’	D-B
67.	Track 3, 23:27	Dzung Price states: ‘So however we do offer allergy solutions in a number of ways. First one we do is we can clear one group of allergies at a time. It only takes one allergen per treatment and we use an acupressure point stimulation up and down the spine that basically reprograms your immune system your autonomic nervous system and all your organs and energy channels to reinterpret the substance your previously thought as toxic as actually beneficial or safe for you. So that’s one way that we do it and that’s called NAET.’	D-B
68.	6:39	Dzung Price states: ‘When we first go and identify what those hidden allergies are we can then reprogram those allergies and actually have a different response. So I test her for all her foods and found that she reacted to a lot of her foods in her diet that she was eating every day. ... So when we took her off her the food that we identified to be a trigger she had no more migraines. It was just as easy as that. Once we identified it it was gone and to give her some flexibility in her life we actually reprogrammed her body so that it no longer considered those food as a toxin. So we can treat any allergies or intolerances or sensitivities and reprogram the body in such a way that it lives more harmoniously with your environment. ... So a lot of time people have unidentified triggers that are causing their symptoms and what we want to do is come in and identify what those triggers are and remove them from their environment or secondly reprogram them so that their body feels safe with that food or substance and this is one of the very common fundamental things that I do first...’	D-C
69.	Appx 42:22	Dzung Price states: ‘So she was a really good example of how just correcting some of the hidden allergies to basic nutrients gave her a lot more energy which she could maintain hormonal balance and drive her adrenals and thyroids and also give her body more energy because she was no longer fighting her food.’	D-C

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)

S/ment No

Page No

Statement of Concern

Source

70.

Many doctors believe that allergies cannot be fully cured. Yet I have successfully desensitized many children (and adults) to many substances that previously caused allergic reactions, including anaphylactic cases, and have seen many times over how a child’s health and life can be dramatically changed and totally transformed.

The most effective way to relieve your child from the worry, burden and distress of allergies or substance sensitivities is to identify and desensitize your child to allergens.

B-A

71.

Our tested, proven BioFAST system will clear your child’s allergies for good. Imagine how that will feel...how your child will feel, knowing he or she does not have to be afraid of eating the wrong thing...

B-A

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
72.	But Timothy is now seeing a holistic health doctor, and she is helping him get over his allergies. Now, he can sleep with his favourite teddy again, and is no longer allergic to it. I am sure Timothy’s mommy and the doctor will help Timothy get rid of all his allergies, so that Timothy can become strong, healthy, full of energy again, bright and free to enjoy life fully.	15	13
73.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit or through advanced bioresonance equipment This technique reprograms your child’s immune response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. Your child won’t have to give up the family pet, get allergy shots, or keep to strict food restrictions for the rest of his or her life. Neutralizing the body to the allergies enables your child to be able to live more harmoniously and safely with substances in the environment.	79	N/A
74.	For example, a wheat allergy might cause a blockage in the spleen or liver meridian (energy channel), causing chronic low energy, fatigue and muscle pain and spasms. To treat for the wheat allergy, the practitioner stimulates areas of the nervous system related to the liver and spleen while the person is holding the allergen. In this way, the energy blockage is cleared in that area, and the brain receives a message that wheat is not dangerous. In many cases, the body no longer identifies wheat as an allergen, and energy blockages in response to wheat no longer occur. In rare cases, the person’s sensitivity to a treated allergen may remain, but will be greatly reduced.	113	91
75.	After the first six steps of the BioFAST program, your child’s body will be firmly on a healing course. The minute amount of allergen that once created troublesome or agonizing symptoms will no longer have that power.	114-115	93

SCHEDULE C

STATEMENTS BY DZUNG PRICE

PART 4: CHILD HOME ACCURATE ALLERGY TEST REPRESENTATION

Webpages

Reference	Webpage
YAC Oct 09	Your Allergy Free Child 21/10/09

S/ment No	Statement of Concern	Source
76.	Learn how to identify everything that can trigger an allergic reaction in your child with a super easy testing kit that even kids can learn to use!	YAC OCT 09
77.	The standard allergy tests just aren’t adequate. They look for particular proteins in the blood (IgE antibodies), or for a particular kind of skin reaction, and if these don’t occur, your doctor tells you that your child doesn’t have allergies. But many allergies are hidden because their symptoms are exactly the same as the symptoms of another disease. The tests I teach you in my book will pick up any kind of allergy, including a hidden allergy – even one that has not yet caused an allergic reaction.	YAC OCT 09
78.	11 Reasons Why “Your Allergy-Free Child” Is So Different And Outstanding On The Market Reason #1…What I teach you applies to all kinds of allergies and symptoms. … Reason #6: I have organised the information and strategies so that you can begin diagnosing and treating your child’s allergies as you proceed through the chapters. Reason #7: My book is about solutions. You receive step by step instructions for testing your child for different allergies, healing your child, and creating an environment that promotes your child’s health. … Reason #9: Your child can be actively involved in her or her own diagnosis and healing. Even school-age children can easily learn some of the gentle, nurturing methods in this book. With the testing methods, your child can identify which foods and substances to avoid in any situation.	YAC OCT 09
79.	Chapter 5 teaches you two very simple but effective methods you can use to find out exactly what your child is allergic to: one method to identify only food allergies, and the other can be used to test for all kinds of things, such as fabric, foods, vitamins, chemicals … anything. Usually, a child is allergic to more than one thing. These methods are more accurate than skin tests, which only pick up certain kinds of allergies, and they are completely painless, and simple. Your 6 year old can learn them.	YAC OCT 09
80.	What’s it worth for you to get ... · Methods to let you identify exactly what substances or foods affect – or will affect – your child, without needles or scratches	YAC OCT 09
81.	If you are a mother of an allergic child and you’ve tried in vain to find a solution, then this may be the most exciting message you have ever read… … But first let me tell you Jess’s story… … In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals. ... Now that we have begun treating Jess, mom can finally breathe a huge sigh of relief as she sees improvements from week to week. … I have taught her to test for a whole range of foods and substances so that she can avoid those that disagree with Jess, and she has also learned how to eliminate some of his allergies after they have been identified.	YAC OCT 09
82.	When I treat a child for allergies, I educate the parents about the real causes of allergy. I also teach them how to identify all the substances and foods that trigger an allergic reaction in their child.	YAC OCT 09

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
83.	This one-of-a-kind guide reveals how YOU can become your child’s healer, including: … · How to test your child for suspected or ‘hidden’ allergies	Back cover	N/A
84.	This book is about simple, step-by-step solutions. In nine chapters, it provides clear, simple instructions that allow you to: ... Identify Allergy in your Child ... Recognize and Uncover Your Child’s Hidden Allergies … And to ensure your success, I am offering every reader a terrific free bonus: live online coaching modules, where I demonstrate the testing and desensitization, at www.healyourallergies.com Dr Dzung Price, Holistic MD Gold Coast, 2007	7	N/A
85.	This book is about solutions. In eight fascinating, very informative chapters, it provides clear, simple instructions that will let you: √ Identify Allergy In Your Child ... Dr Dzung Price, Holistic MD Gold Coast, 2007	N/A	6
86.	The first step towards building or restoring your child’s health is to detect and remove the ordinary substances that might be triggering allergic reactions, unknown to you or your child. The natural methods described below will let you uncover ‘hidden’ or unsuspected allergens in your child’s environment, even before your child has developed symptoms of sensitivity to them. ... The methods provided here are also safe and painless and you can use them at home. Try them to find which work best for you and your child.	63	51
87.	By testing a strong muscle, you can determine if the substance being tested is viewed as either friendly or toxic to your child’s body. When your child is holding a substance that is interpreted by the body as a toxin or poison, that substance will weaken the energy system of the body, block the energy flow and thereby weakening the muscles being tested. Therefore, if you child is in contact with a potentially harmful allergen, his muscles will weaken to testing. You can use this test for both suspect items (such as apples, milk, cat hair or chlorine), or using ampoules that contain a precise energetic vibrations of different substances.	64-65	52
88.	[In Chapter 5 ‘Uncover Your Child’s Hidden Allergies’] METHOD 1: Muscle Testing (Kinesthetic testing) … How To Do The Test (best for children 6 years and older) … 8. Your child should lie on a flat surface, or stand erect holding one arm out straight at a 90° angle from the body. 9. The palm of the extended hand should be thumb down. 10. Practice the test by trying to push the child’s arm down while he resists your pressure. His arm must stay straight. When your child understands what you do, you can proceed. 11. Have your child hold the allergen or an ampoule in the other hand. 12. With one hand, push down gently against the extended arm with pressure over wrist. 13. If your child is allergic to that substance, his muscle will noticeably weaken. A weak muscle response, shown by little resistance to the pressure, indicates an allergy or sensitivity to the substance being held. 14. Repeat several other suspected allergens this way. Do not test too many at one session or your child will become tired. You can use this test at any time to identify substances that your child should avoid.	64-66	51-53
89.	Muscle Test Using a Surrogate (another person) Use a surrogate (another person) when testing children, elderly or weak family members). A sibling or family member is a good surrogate person. · The child being tested holds the substance. · The surrogate must keep in contact with the child’s skin and extend the other arm at 90 degrees to the body. · Test the surrogate’s muscle response by pressing firmly down at the wrist. If the surrogate’s muscle response is weak, the child holding the substance has an allergy to that substance.	66	53
90.	Our DVD muscle testing training video provide detailed instructions on how to fine tune your muscle testing procedure for greater accuracy and confidence, give you a number of different muscle testing techniques including self testing procedures you can do without your child, different applications of muscle testing and advanced strategies to improve your results.	66	54
91.	GET THE SUPPORT YOU NEED to test correctly with my live coaching modules. You can gain free access to a series of online videos where I explain exactly how to use the testing method, and other techniques. Sign up at www.healyourallergies.com.au	71	N/A
92.	YOU can desensitize your child to hundreds of allergens with our BioFAST Allergy-Free Kit on www.freefromallergies.com. This kit contains ampoules containing different substances that your child can be tested for. These ampoules are used to test your child for sensitivity to many substances, and to desensitize your child to those substances. You also get a detailed instruction manual, an instructional CD, and workbook. This sensational kit takes you through the testing and desensitization process step by step, for the most complete natural allergy elimination therapy available.	82	N/A
93.	BEFORE YOU GIVE YOUR CHILD A NUTRITIONAL SUPPLEMENT Please test your child for sensitivity to any supplement, as he or she may be allergic to it. You can muscle test the supplements, one by one. For a Muscle Testing instructional video, go to www.freefromallergies.com.	100	82
94.	Using the methods described in this book, you can test your child for hundreds of specific allergies…one at a time.	109	N/A
95.	BioFAST ALLERGY-FREE KIT With this kit, you can do so much more to heal your child. This fantastic healing tool gives you detailed instructions and the equipment you need to successfully test and treat your child for hundreds of allergies. The kit contains ampoules with the energy frequencies of different chemicals and substances that are known to cause allergies, including hormones, body chemical, even chemicals produced by our emotions. To teach you how to use these ampoules to test and reprogram your child, the kit also contains an instructional video, instruction manual, and a workbook. You’ll be ready to test and heal the whole family of allergies, if necessary! For information about the BioFAST Allergy Free Kit, or our BioFAST allergy program, go to www.freefromallergies.com	115	N/A
96.	Learn exactly how to test your child for allergies, and how to desensitize your child with my FREE, step-by-step instructions. Each module is a live online tutorial. I show you the correct method for carrying out the steps that will let you eliminate your child’s allergies. Sign up for this terrific free bonus now at www.healyourallergies.com	175	N/A
97.	BioFAST ALLERGY-FREE KIT A Complete Testing and Desensitization Kit Containing 30 testing ampoules, an instructional video, a detailed manual, and a workbook. For more information, see www.freefromallergies.com	175	N/A

SCHEDULE C

STATEMENTS BY DZUNG PRICE

PART 5: CHILD HOME ALLERGY ELIMINATION AND SUCCESSFUL ALLERGY TREATMENT REPRESENTATION

Webpages

Reference	Webpage
YAC Oct 09	Your Allergy Free Child 21/10/09

S/ment No	Statement of Concern	Source
98.	Discover HOW this book “Your Allergy Free Child” can help you … You will learn how to protect your child no matter where she is, and eliminate the worry and fear of allergies forever Following the effective program, you can remove the causes of allergy and old reactive patterns so that your child can truly feel safe	YAC OCT 09
99.	Dr. Dzung Price MD “I want to share with you my secrets for healing children’s allergies. Most important, I want to tell you how YOU, as a loving, responsible parent, can heal your child!”	YAC OCT 09
100.	In my book, “Your Allergy-Free Child”, I clear away the mystery of allergy and give you the proven, documented facts, including some things that even your doctor may not know. And you will learn easy, safe, practical ways to eliminate the causes and heal the damage from allergies. You will be amazed at how much YOU can do to help your child.	YAC OCT 09
101.	11 Reasons Why :Your Allergy-Free Child” Is So Different And Outstanding On The Market Reason #1…What I teach you applies to all kinds of allergies and symptoms … Reason #6: I have organised the information and strategies so that you can begin diagnosing and treating your child’s allergies as you proceed through the chapters. … Reason #9: Your child can be actively involved in her or her own diagnosis and healing. Even school-age children can easily learn some of the gentle, nurturing methods in this book. With the testing methods, your child can identify which foods and substances to avoid in any situation. Also, children really enjoy the desensitization process, and respond beautifully to your loving, healing attention. Reason #10: Most of all, my book isn’t just a book. It’s a complete program for eliminating allergies and healing the damage they have caused to your child’s body. It tells you how to eliminate the key problems that must be corrected to heal allergies…	YAC OCT 09
102.	In Chapter 6, I reveal the 7 steps that will completely heal your child of allergy and the damage it causes to the body, and teach your child’s body not to react to normal substances – naturally, safely, painlessly, and permanently. Eliminate every allergy that affects your child. … Chapter 8 is all about nurturing your child’s health… If you are looking for a dynamite solution that blasts allergy – even the possibility of allergy – out of your child’s experience forever, here it is.	YAC OCT 09
103.	What’s it worth for you to get... · Simple steps to heal the underlying causes of allergy and the damage it has caused ... · Information that will let you reprogram your child’s brain to respond appropriately and safely to foods and substances	YAC OCT 09
104.	“Discover How You Can End The Misery Of Allergy For You And Your Child, Sleep Peacefully At Last Knowing Your Child Can Breathe, Be Free Of Endless Restrictive Diets And The Constant Fear Of An Allergic Reaction … Forever...” Learn how to beat your child’s allergies quickly and easily without injections or drugs! Available Now! Newly expanded life-saving E-book, “Your Allergy-Free Child”, in which Dr Price reveals all her secrets about healing allergies … Now also tells you how you can identify and clear your child’s allergies including some you may never have suspected. Imagine! You can heal your child yourself!	YAC OCT 09
105.	If you are a mother of an allergic child and you’ve tried in vain to find a solution, then this may be the most exciting message you have ever read… … But first let me tell you Jess’s story… ... In his short lifetime, little Jess has endured dozens of painful allergy tests, and in addition to breast milk, was found to be allergic to eggs, wheat, citrus, meat, and peanuts. ... On the first visit, I found that Jess is also allergic to cow’s milk (which is in his formula) and a whole range of other foods, even to some of his own body chemicals. … Now that we have begun treating Jess, mom can finally breathe a huge sigh of relief as she sees improvements from week to week. … I [Dr Price] have taught her to test for a whole range of foods and substances so that she can avoid those that disagree with Jess, and she has also learned how to eliminate some of his allergies after they have been identified.	YAC OCT 09
106.	HERE ARE 4 FACTS ABOUT ALLERGIES: … Fact #3: Allergies can be cured by healing the underlying problems, and re-programming the brain so that it doesn’t send a “danger” message to the body when certain substances are present. … The good news is … You can do something about your child’s allergies … right now. Safely, naturally and permanently!	YAC OCT 09

Online videos

Reference	Online Video
V-B	*“Child Allergy Home Treatment” (viewable on the Allergy Relief Now Website and at http://www.youtube.com)*

S/ment No

Statement of Concern

Source

107.

Dzung Price states: ‘Hi, my name is Dr Dzung Price and I am one of the founder of the Renew You Centre for Wellbeing and Longevity ... Now my goal today is to show you some little tools and strategies for you to use in the event of you or your child or the child you are looking after is demonstrating some allergic like symptoms or sensitivity to either the food or the environment that you are exposed to. So what you can do in this situation and what I teach the parents who come to our clinic are some of the following strategies: One of the things you can do first is acupuncture points that you can press on in the event of being exposed a food that the child has eaten whether it be on purpose or by accident and what you can do to protect the body of the child so that it doesn’t react to as severely and you can actually dampen down the severity of the reactions.

...

And the purpose of this is actually stimulating all the energy channels in the body to strengthen the flow of the energy channels and that will actually help protect the body and help it to detoxify the offending allergen or food that the child or you have just ingested. ... And that is going to help the body protect itself and keep strong and also help the body detoxify that out of the system more rapidly. ... And that is going to help the child basically overcome the reactions more quickly.

...

The other thing that you can also use in conjunction with the simple acupressure massage up and down the spine or front massage points that you can do at the front as well is that we also use in our clinic food detox salts ... if you notice your child actually have already had a reaction to food or the environment then you can take a few grains of these salts ... if you notice your child actually have already had a reaction to food or the environment then you can take a few grains of these salts which has over 2000 vibrational programs they’re called chi programs and just allow the child to put a few salt crystal grains in his mouth like so and this is going to believe it or not this is going to help the child cope with that ingestion very very quickly within about 20 minutes the symptoms just about abate and you can do this in conjunction with the acupressure stimulation.

...

So the programs are here designed to teach the body to reduce the sensitivities to the ingested food allergens or food sensitivities or colouring or additives or any of the toxic chemicals that we commonly find in our foods every day.’

V-B

Print Publications: Booklets

Reference	Booklet
B-A	*“Heal Your Child’s Allergies At Home – Easily and Naturally!”* (Allergy Relief Now Website and Chi Health Website)

S/ment No	Page No	Statement of Concern	Source
108.	3	Don’t let your child put up with allergy any longer. My book ‘Your Allergy-Free Child’ book is packed with easy-to-read information about allergies and how you can learn to eliminate the underlying causes of your child’s allergy in just 30 days. ... Based on 17 years of clinical work, I tell you exactly what you need to know, and share my time-tested, simple methods to prevent or heal your child’s allergies. Thousands of patients have used them with outstanding results. … You can free your child from the burden of allergies, forever. ... [Signed] Dr Dzung Price	B-A
109.	Cover	Heal Your Child’s Allergies At Home – Easily and Naturally!	B-A
110.	25	NOW YOU CAN HEAL YOUR CHILD OF ALLERGIES Your Allergy Free Child: 7 Proven Simple Steps to Eliminate Allergies Naturally in 30 Days or Less’ In this groundbreaking book, Dr. Dzung Price reveals the secrets to healing your child’s allergies at home. Easy step-by-step instructions take you through the revolutionary BioFAST Allergy Elimination System. The book comes with a training CD and free access to online tutorials by Dr. Price. ... If you would like to know more about allergies, or our BioFAST products and programs, please contact me or the team of naturopaths at: www.freefromallergies.com www.newlifewellbeing.com www.renewyoujourney.com	B-A

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
111.	Heal your child’s allergies at home – easily and naturally! Your Allergy Free Child shows you how to clear your child’s allergies … not just relieve symptoms but get rid of the allergies altogether! This one-of-a-kind guide reveals how YOU can become your child’s healer, including: … · How to reprogram the body-mind so your child has no more reactions	Back cover	N/A
112.	In this book ... you will also learn the same time-tested, simple, practical methods for preventing and healing your child of allergies that I have taught to thousands of patients, with outstanding results.	6	5
113.	This book is about simple, step-by-step solutions. In nine chapters, it provides clear, simple instructions that allow you to: ... Heal and Eliminate the Underlying Causes of Allergy Restore Your Child’s Natural Energy Balance ... Desensitize or neutralize known allergies or sensitivities … If you are fed up with seeing your child suffer from allergy ... here are your solutions. YOU can do it. And to ensure your success, I am offering every reader a terrific free bonus: live online coaching modules, where I demonstrate the testing and desensitization, at www.healyourallergies.com Dr Dzung Price, Holistic MD Gold Coast, 2007	7	N/A
114.	This book is about solutions. In eight fascinating, very informative chapters, it provides clear, simple instructions that will let you: ... √ Heal and Eliminate the Underlying Causes of Your Child’s Allergy √ Restore Your Child’s Natural Energy Balance ... If you are fed up with seeing your child suffer from allergy ... here are your solutions. YOU can do it. You can free your child from the burden of allergies, forever. Dr Dzung Price, Holistic MD Gold Coast, 2007	N/A	6
115.	Case study … I did an accelerated treatment on [8 year-old] Dallas for his basic allergens. Then I taught mom home treatments she could do, and sent her home with vials for the home treatments. ... After being cleared (desensitized) for minerals, vaccinations, artificial sweeteners, moulds and food additives, Dallas’ behaviour dramatically changed and his food intolerances cleared. … Dallas’s runny nose, hay fever and recurrent colds are controlled because his parents oversee his environmental controls and he has been successfully desensitized to his environmental allergens.	29-30	25
116.	The following program has worked wonders on thousands of patients and is designed to help your child heal their allergies or sensitivities and achieve a healthy allergy-free body.	73	59
117.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit … This technique reprograms your child’s immune response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. ... If you are not sure whether your child is sensitive to any supplement, consider desensitizing or neutralizing the substance with our ‘BioFAST Allergy-Free Kit’ (from www.freefromallergies.com).	79-80	N/A
118.	BioFAST Allergy Desensitizing System. Allergy desensitization and neutralization can be achieved with a non-invasive, painless and effective acupressure technique. It reprograms the immune system’s response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. ... (Learn how YOU can desensitize your child to a whole range of allergens with our BioFAST Allergy Free Kit on www.freefromallergies.com.) ... If you are not sure whether your child is sensitive to any supplement, consider desensitizing or neutralizing the substance with our ‘BioFAST Allergy-Free Kit’.	N/A	64-65
119.	YOU can desensitize your child to hundreds of allergens with our BioFAST Allergy-Free Kit on www.freefromallergies.com. This kit contains ampoules containing different substances that your child can be tested for. These ampoules are used to test your child for sensitivity to many substances, and to desensitize your child to those substances. You also get a detailed instruction manual, an instructional CD, and workbook. This sensational kit takes you through the testing and desensitization process step by step, for the most complete natural allergy elimination therapy available.	82	N/A
120.	If you follow the strategies outlined in this book, you will have taken major steps to reduce the impact of allergy on your child, and to eliminate the allergies that have caused so much misery. ... In most cases, your child will be healed of allergies if you follow the instructions in this book.	108	N/A
121.	Using the methods described in this book, you can test your child for hundreds of specific allergies…one at a time. You can also desensitize your child to the allergens that trigger those specific allergies … one at a time.	109	N/A
122.	Case Study … I started allergy desensitization with [8 month-old] Jemma and showed mother how to do some basic home treatments for strengthening up her energy pathways and basic food desensitization. … After clearing the rest of her allergies and sensitivities, Jemma’s bouts of irritability and discomfort magically disappeared and she became a happy, active child willing to try new foods. I taught [Mum] to do home desensitization treatments for any new foods she introduced to Jemma and for basic environmental sensitivities and she has indeed turned her child’s health around.	110-112	89-90
123.	BioFAST ALLERGY-FREE KIT With this kit, you can do so much more to heal your child. This fantastic healing tool gives you detailed instructions and the equipment you need to successfully test and treat your child for hundreds of allergies. The kit contains ampoules with the energy frequencies of different chemicals and substances that are known to cause allergies, including hormones, body chemical, even chemicals produced by our emotions. To teach you how to use these ampoules to test and reprogram your child, the kit also contains an instructional video, instruction manual, and a workbook. You’ll be ready to test and heal the whole family of allergies, if necessary! For information about the BioFAST Allergy Free Kit, or our BioFAST allergy program, go to www.freefromallergies.com	115	N/A
124.	BONUS 1: What To Do In An Emergency What Every Parent Of An Allergic Child Must Know … Steps You Can Take While Awaiting Emergency Care … Use Acupressure To Reduce The Allergic Reaction This method is useful if you know what allergen has caused the reaction. It can help save the child’s life as you await medical assistance. ... You can use this method on your child and you can also teach an older child to do the acupressure on him/herself. 1. Have your child hold the suspected allergen. 2. While the allergen is held, gently stimulate the acupressure points along side the spine. 3. Repeat every 10 minutes until the symptoms subside or medical assistance arrives. Usually, the symptoms can be reduced or eliminated within a number of minutes.	117-123	N/A
125.	Learn exactly how to test your child for allergies, and how to desensitize your child with my FREE, step-by-step instructions. Each module is a live online tutorial. I show you the correct method for carrying out the steps that will let you eliminate your child’s allergies. Sign up for this terrific free bonus now at www.healyourallergies.com	175	N/A
126.	“Heal your child’s allergies at home –easily and naturally!” “Price has done the impossible! She's condensed years of experience into an astonishingly useful book of instructions that any parent can understand. Her solutions to allergy are simple, totally natural and they work. With allergies on the rise worldwide, this is a very timely book!” – Bojan Schianetz N.D., Env. Engineer, bestselling author of Passivos Ambiantales (Contaminated Sites) and director of www.freefromallergies.com “Your Allergy-Free Child educates parents and gives them real hope of ending their child's suffering. The information in this book is life-changing. Any parent with an allergic child would be crazy not to read it!” – Dr Valeria Astorga, PhD BioSci, Dip Nutrition.	Back cover	N/A
127.	Dr Dzung Price is a holistic medical doctor also trained in alternative medicine, and director of two Renew You Medical clinics in Queensland. In over 15 years, she has taught hundreds of parents to heal their children’s allergies.	Back cover	N/A

SCHEDULE C

STATEMENTS BY DZUNG PRICE

PART 6: CHILD HOME SAFE REPRESENTATION

Webpages

Reference	Webpage
YAC Oct 09	Your Allergy Free Child 21/10/09

S/ment No	Statement of Concern	Source
128.	This book tells you how your child can eat the foods he loves without worrying about an allergic reaction You will learn how to protect your child no matter where she is, and eliminate the worry and fear of allergies forever Following the effective program, you can remove the causes of allergy and old reactive patterns so that your child can truly feel safe	YAC OCT 09
129.	That’s why following the steps in this book will radically improve your child’s overall health, as well as the allergy. ... My proven, easy program rebuilds your child’s health from the ground up, and puts him or her child on a path to a self-nurturing, unbelievably healthy, allergy-free lifestyle. When you have completed all the steps, you will reap the Powerful Benefits. ... You can let your child out of your sight with a calm mind, because she will be safe from allergic reactions – no matter what food or substances she contacts.	YAC OCT 09
130.	In Chapter 6, I reveal the 7 steps that will completely heal your child of allergy and the damage it causes to the body, and teach your child’s body not to react to normal substances – naturally, safely, painlessly, and permanently. Eliminate every allergy that affects your child. … Chapter 8 is all about nurturing your child’s health… If you are looking for a dynamite solution that blasts allergy – even the possibility of allergy – out of your child’s experience forever, here it is.	YAC OCT 09
131.	What’s it worth for you to get... · Information that will let you reprogram your child’s brain to respond appropriately and safely to foods and substances	YAC OCT 09
132.	“Discover How You Can End The Misery Of Allergy For You And Your Child, Sleep Peacefully At Last Knowing Your Child Can Breathe, Be Free Of Endless Restrictive Diets And The Constant Fear Of An Allergic Reaction … Forever...”	YAC OCT 09

“Your Allergy Free Child” printed and electronic editions:

Reference	Edition
P-A	*“Your Allergy Free Child” Book (printed edition)*
E-A	*“Your Allergy Free Child” Electronically-delivered Book (E-Book)*

S/ment No	Statement of Concern	P-A Page No	E-A Page No
133.	But Timothy is now seeing a holistic health doctor, and she is helping him get over his allergies. Now, he can sleep with his favourite teddy again, and is no longer allergic to it. I am sure Timothy’s mommy and the doctor will help Timothy get rid of all his allergies, so that Timothy can become strong, healthy, full of energy again, bright and free to enjoy life fully.	15	13
134.	BioFAST Allergy Desensitization – Allergy desensitization and neutralization can be achieved with non-invasive, painless and effective acupressure, which can be done at home using the BioFAST Allergy-Free Kit … This technique reprograms your child’s immune response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. Your child won’t have to give up the family pet, get allergy shots, or keep to strict food restrictions for the rest of his or her life. Neutralizing the body to the allergies enables your child to be able to live more harmoniously and safely with substances in the environment.	79	N/A
135.	BioFAST Allergy Desensitizing System. Allergy desensitization and neutralization can be achieved with a non-invasive, painless and effective acupressure technique. It reprograms the immune system’s response to the allergenic substance so that the body no longer views the allergen as a toxin or poison. You won’t have to give up your pet, get allergy shots, rotate foods, keep diet diaries or cook allergy-free recipes for the rest of your life. Neutralizing the body to the allergies opens up more choices to the individual to be able to live more harmoniously and safely with substances in the environment. Instructions are in the next chapter. (Learn how YOU can desensitize your child to a whole range of allergens with our BioFAST Allergy Free Kit on www.freefromallergies.com.)	N/A	64

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 859 of 2010

BETWEEN:

AUSTRALIAN COMPETITION AND CONSUMER COMMISSION

Applicant

AND:

WILLESEE HEALTHCARE PTY LTD ACN 124 025 574

First Respondent

SOPHIE LEE-ANNE GEORGONICAS

Second Respondent

THEOLIZA PTY LTD ACN 108 727 000

Third Respondent

THETA LINE PTY LTD ACN 007 249 612

Fourth Respondent

MARIA TERESA COLOSIMO

Fifth Respondent

NEWLIFE PUBLISHING AND MARKETING PTY LTD ACN 123 522 074

Sixth Respondent

RENEW YOU CENTRE FOR WELLBEING & LONGEVITY PTY LTD ACN 123 027 074

Seventh Respondent

BOJAN SCHIANETZ

Eighth Respondent

DZUNG KIEU PRICE

Ninth Respondent

JUDGE:	DODDS-STREETON J
DATE:	30 MAY 2011
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

INTRODUCTION

1 On 10 March 2010, I made orders and accepted undertakings (“the March orders”) with the consent of the applicant, the Australian Competition and Consumer Commission (“ACCC”), and the first to fifth respondents, Willesee Healthcare Pty Ltd, Sophie Lee-Anne Georgonicas, Theoliza Pty Ltd, Theta Line Pty Ltd and Maria Teresa Colosimo (collectively “the March respondents”). I published reasons for making the orders and accepting the undertakings on 31 March 2011: see ACCC v Willesee Healthcare Pty Ltd [2011] FCA 301 (“the March reasons”).

2 As stated in the March reasons, during the March hearing, the Court was informed that a settlement had been reached between the ACCC and the sixth to ninth respondents, NewLife Publishing And Marketing Pty Ltd (“NewLife”), Renew You Centre For Wellbeing & Longevity Pty Ltd (“Renew You”), Bojan Schianetz and Dzung Price (collectively “the respondents”), but further time was required to prepare the evidence to be tendered in support of the application for orders by consent in relation to those respondents.

3 On 30 May 2011, I heard the application for orders by consent between the ACCC and the respondents. On that date, for the reasons set out below, I made the orders sought, and accepted undertakings by the respondents, which are set out in full above.

BACKGROUND

4 The background to the application is briefly set out in the March reasons. In essence, the ACCC alleged that all nine respondents contravened, variously, ss 52, 53(a), 53(aa), 53(c), 55 and 55A of the Trade Practices Act 1974 (Cth) (“Trade Practices Act”), by making false or misleading representations in relation to the diagnosis, treatment and cure of allergies. While the conduct of all nine respondents had many common elements, the contravening conduct of the sixth to ninth respondents involved more widely promulgated representations and posed a grave risk to the health of consumers including children. Accordingly, pecuniary penalties were sought against them.

5 The relief granted against the respondents includes declarations, undertakings, publication orders (requiring notices to be published, if applicable, on the respondents’ front counter at their places of business and on various websites, in magazines, and in letters to be sent to persons who have used their goods or services), compliance training orders, pecuniary penalties and costs.

6 The parties relied on their joint submissions dated 27 May 2011, an agreed statement of facts dated 27 May 2011, the ACCC’s fast track statement filed on 8 October 2010 and schedules F and H thereto, the respondents’ fast track responses filed on 28 November 2010 (in so far as they contained admissions of making the statements), statutory declarations of Mr Schianetz and Ms Price declared on 19 May 2011, and the affidavit of Associate Professor J A Douglass sworn on 19 November 2010 verifying her medical report dated 10 November 2010, which the ACCC tendered with the consent of the respondents.

7 As appears from the materials filed by the parties, NewLife and Renew You have carried on the business of promoting and providing to consumers services involving the diagnosis and treatment of allergies using a system known as BioFast allergy elimination program, which shares many features with the Nambudripad’s Allergy Elimination Technique (“NAET”) discussed in the March reasons.

8 Bojan Schianetz is a director and secretary of both NewLife and Renew You. Dzung Price was the sole director and secretary of NewLife from 18 January 2007 until 9 July 2008. Between them, Mr Schianetz and Ms Price own all or almost all of the issued shares in NewLife and 95% of the issued shares in Renew You.

9 Renew You has owned and operated clinics in Ashgrove and Ashmore Queensland, in which the BioFast program was offered to consumers.

10 From a date on or before 12 April 2008 until 27 May 2011, about 10 practitioners, including Mr Schianetz and Ms Price, provided health services at the clinics. Prior to the ACCC’s institution of proceedings in October 2010, the respondents administered the “allergy treatments” at an average cost of over $2,000 per patient.

11 New Life and Renew You controlled and maintained numerous websites of which Mr Schianetz controlled the URLs and by which, together with video recordings, brochures, electronic and printed books, audio CDs, video DVDs and printed advertisements, the respondents on or after the 15 April 2010 made or caused to be published the relevant statements.

1 The contravening conduct of the respondents

12 The joint submissions described the respondents’ contravening conduct as follows:

Each Respondent has, during the relevant period, promoted and (in the case of the Sixth and Seventh Respondents) carried on the business of providing services to consumers purporting to involve the diagnosis and treatment of allergies using the BioFast allergy elimination program (BioFast).

BioFast refers to a program which purportedly involves:

(a) testing for and identifying a person’s allergens by using techniques similar to [Nambudripad’s Allergy Elimination Technique (NAET), used by the first to fifth respondents]… including Muscle Resistance Testing… and the following other techniques:

(i) diagnostic resonance testing of hair and blood samples;

(ii) kinesiology;

(iii) dowsing;

(iv) radionics;

(v) the use of a Bruce Copen laboratory machine; and

(vi) the use of the Path Lab Alcat test and the analytical reference laboratory test; and

(b) curing, eliminating or successfully treating a person’s allergies by using techniques similar to NAET… including Acupressure and Acupuncture Techniques… and the following other techniques:

(i) bioresonance to align the meridians and clear energy blockages in meridians;

(ii) detoxification salts;

(iii) sublingual desensitisation drops;

(iv) detoxification and nutrition;

(v) herbal remedies and supplements; and

(vi) biomesotherapy.

The BioFast Program is based on the premises that:

(a) an allergen disrupts the energy field of a person, leading to energy blockages; and

(b) the Acupressure and Acupuncture Technique will stimulate centres along the energy pathways of the person being treated; and thereby

(i) clear the energy blockage; and

(ii) desensitise the person’s body to that particular allergen.

The core conduct by each Respondent which the ACCC alleges is false or misleading relates to statements made by the Respondents in relation to the diagnosis, treatment and cure of allergies…

13 The respondents admitted that by publishing identified statements set out in the statement of agreed facts, they made misleading representations that:

(a) each could test for and identify a substance to which a person was reacting which was an allergen and/or a substance to which the person was allergic;

(b) each could cure or eliminate all or virtually all allergies, or allergic reactions, and successfully treat a person’s allergies or allergic reactions;

(c) after treatment it would be safe to have, or there would be no risk or a reduced risk in the person having, contact with the substance or allergen to which that person had previously had an adverse reaction;

(d) each could teach or instruct parents or carers of children in techniques to test for and identify substances which were allergens for that child and/or to which the child was allergic;

(e) each could teach or instruct parents or carers of children in techniques to successfully treat and cure or eliminate all or virtually all the child’s allergies, or allergic reactions, and after parents or carers applied the techniques taught or instructed to a child, it would be safe for the child to have, and there would be no risk or a reduced risk in a child having, contact with the substance or allergen to which the child had previously had an adverse reaction.

14 The relevant representations are set out in Schedules A, B and C to the orders made, supra.

15 The respondents admitted that, as the ACCC contended, and contrary to the representations, they could not test for or identify allergies or substances to which a person was allergic, cure or eliminate all or virtually all allergies or allergic reactions, successfully treat a person’s allergies or allergic reactions, teach or instruct parents or carers in techniques that would enable them to do so for their children, and further, that none of the treatments or techniques offered could reduce the risk arising from contact with allergens or substances to which a person had previously had an adverse reaction.

16 The respondents further admitted that they had contravened, variously, ss 52, 53(a), 53(aa), 53(c), 55 and 55A of the Trade Practices Act.

2 Report of Associate Professor Douglass

17 The report dated 10 November 2010 of Associate Professor Douglass is briefly described in the March reasons. It analysed in detail the techniques used, or similar to those used, by the respondents. It relevantly stated:

There are several variations of muscle tests for allergy, including kinesiology or muscle strength testing, performed by practitioners, which lack a scientific basis or reproducibility. Such testing is explicitly dismissed as invalid for diagnostic testing for allergies when subject to scientific scrutiny. In my clinical practice I do not use, nor would I recommend, such a test to diagnose allergy and current practice parameters support this view.

…

I am not clear what “diagnostic resonance testing” constitutes. Analysis of hair samples can be used in toxicology but it is not a recognized means to diagnose allergic diseases.

…

[Radionics] involves a remote method of diagnosis or treatment using radiated energy from the patient or a tissue sample. Having read descriptions of this technique I cannot conceive of a plausible biological mechanism to account for its effects, in particular the remove effects ascribed to its use. This method of testing is not recognized as a reliable and scientifically valid method of diagnosing allergic diseases by bodies such as the Australasian Society of Clinical Immunology and Allergy (ASCIA) nor in recent international reviews of allergy diagnosis.

…

[Dowsing] apparently uses a pendulum device to determine the presence of allergic disease. I am not aware of scientific evidence to support this as an accurate method to diagnose allergic diseases and this method of testing is not recognized as a reliable and scientifically valid method of diagnosing allergic disease by bodies such as… ASCIA nor in recent reviews of allergy diagnosis.

…

[PathLab] ALCAT testing is a form of automated cytotoxic testing where allergens are mixed with blood cells and the effects observed. Cytotoxic allergy testing has been clearly discredited in published evidence as a reproducible means to diagnose allergic diseases. This method of testing is not recognized as a reliable and scientifically valid method of diagnosing allergic diseases by bodies such as… ASCIA and other published groups.

…

The [Analytical Reference Laboratory] tests referred to here detect Immunoglobulin G (IgG) to a wide range of food allergens. Antibodies of the IgG class have been studied extensively as a candidate for allergy diagnosis and have been found not to discriminate between allergic and non-allergic people. An exception to this is anti-gliadin antibodies, which are associated with coeliac disease. This form of testing is not recognized as a reliable and scientifically valid way to diagnose diseases other than coeliac disease by ASCIA and other specialist allergy publications.

…

[Bruce Copen Laboratory Mars II machine and/or other Bruce Copen Laboratory machines] utilize principles of radionics and/or electric homeopathy. There is no evidence I have found as to their efficacy in diagnosing allergic disease, nor are they recognized by medical practitioners as diagnosing allergic disease. In my experience they do not constitute part of usual medical practice in allergy.

…

I am not aware of acupressure being used in Australia or internationally to effectively treat allergies by medical practitioners. Moreover I cannot conceive of a physiological process whereby acupressure could be effective in treating a specific immunological process. This method of treating allergies is not recognized by bodies such as… ASCIA and other international groups and experts such as the “Allergic Rhinitis and its Impact on Asthma (ARIA) consortium and the American Academy of Allergy, Asthma and Immunology.

…

I am aware of a large number of publications regarding the effects of acupuncture in both asthma and allergic rhinitis. These have been subject to review and meta-analysis and no consistent evidence of benefit was found, especially in those trials which were of high quality, being appropriately randomized and blinded. In my experience, acupuncture does not comprise a usual part of the treatment of allergic diseases, nor is it used by Allergy and Clinical Immunology specialists as part of usual practice.

…

Desensitisation with homeopathic remedies has been studied in several published trials and the consensus of evidence is that there is no evidence for the efficacy of homeopathic medicines beyond placebo effect. This method of treatment is not recognized as a scientifically valid and reliable means of treating allergic diseases by… ASCIA, nor other international consensus groups.

…

“Detoxification” is not a proven effective practice for treating allergic diseases. The concept of detoxification does not take account of the immunological basis of allergic disease. This method of treatment is not recognized as a scientifically valid and reliable means of treating allergic disease by… ASCIA nor other international consensus groups.

…

I am unaware of evidence to support the prescription of herbal remedies as an effective measure to treat allergic diseases. I am supported in this by publications from international consensus groups which specifically dismiss herbal remedies as an effective therapy together with the absence of recommendations for herbal remedies as effective therapy for asthma, allergic rhinitis or food allergy from international consensus groups.

…

I understand that [biomesotherapy] is a combination of acupuncture and homeopathic techniques, neither of which, as described above, have been shown to be effective in the medical treatment of allergic diseases. This method of treatment is not recognized as a scientifically valid and reliable means of effectively treating allergic disease by… ASCIA or other international consensus groups such as the American Academy of Allergy, Asthma and Immunology.

…

18 In relation to the BioFast system used by the respondents, Associate Professor Douglass’ report stated:

The BioFAST™ system is described as a multi-modal program entailing Advanced Allergy Assessment including the ALCAT and Analytical Reference Laboratory tests followed by a detoxification nutritional program including the administration of exogenous enzymes as nutritional supplements. The components of this program are not included in descriptions of medically validated ways to treat allergic diseases. The techniques of allergy diagnosis described, such as ALCAT testing and Analytical Reference Laboratory testing for food specific IgG have been shown earlier in this report to lack consistency and credibility as a medical diagnostic test for allergic disease. The program also uses “bio-resonance” technology, again a technique that does not have supporting evidence to treat or diagnose allergic diseases.

19 Associate Professor Douglass observed that her research had not revealed any credible scientific evidence to support the NAET, which did not form part of the scientific literature in allergic disease and was not based on her clinical experience in Australia and internationally, including attendance at international conferences.

20 Associate Professor Douglass further stated:

I have consulted published papers on the NAET technique, medical journal search engines including PubMed and Medline for specific papers that have reference to NAET but was unable to find credible scientific evidence to support the efficacy of the NAET technique. The NAET technique does not form part of the scientific literature in allergic disease.

In my experience, NAET is not a medically accepted treatment for allergic disease. My decision on this is based upon my clinical experience in allergy practice, both in Australia and in the UK, my attendance at international meetings of allergy practitioners where advances in techniques are discussed, together with the failure of these techniques to be discussed in the medical text books and published practice guidelines for allergy treatments.

…

Given the international consensus definition of allergic disease having an immunological basis, the NAET technique does not identify an underlying immunological basis for disease and therefore cannot be said to accurately diagnose and treat allergies. In my experience and in my understanding of current practice and science in the field of allergic disease, the NAET technique is not a medically validated or reproducible method for the diagnosis and/or treatment of allergic diseases.

…

In my clinical practice and experience, NAET, muscle strength testing, diagnostic resonance testing, kinesiology, dowsing, radionics, homeopathy, the ALCAT tests, electrodermal testing, herbal therapies, detoxification, chinese medicine, acupuncture, acupressure, enzyme supplements or probiotics do not comprise methods of diagnosis or treatment of allergic disease with scientific evidence to support their efficacy.

The reports cited that I have read do not provide a rational scientific basis for the diagnosis or treatment of allergic disease for any of the techniques referred to above. I am supported in this by national and international publications.

…

I am concerned that an individual with a serious allergy who has undergone the NAET technique treatment may falsely consider themselves cured and thereby expose themselves to risk by consuming a food which has previously provoked a reaction and which they have previously avoided.

The muscle strength test or electrodermal testing is not a validated method for detecting IgE to food allergens. Individuals at risk of anaphylaxis due to food allergy with high levels of IgE to a food are unlikely to be diagnosed by these techniques and are therefore unlikely to receive appropriate food avoidance advice. In addition, such patients will be denied the often life-saving measures of an emergency plan and therapy. This could have severe outcomes.

21 Professor Douglass’ conclusion that there is no sufficient scientific evidence or consensus on the validity or efficacy of the NAET clearly applies to the BioFast system, in so far as it incorporates a number of the same underlying techniques.

The declarations

22 As noted in the March reasons, notwithstanding the enactment of the Competition and Consumer Act 2010 (Cth), Schedule 7 item 6 to the Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 (Cth) preserves the operation of the Trade Practices Act in relation to acts or omissions that occurred before the commencement of the new legislation. The Trade Practices Act thus applies to the respondents’ conduct in this case.

23 In the March reasons, I concluded that in accordance with the preponderance of relevant authority, the court had power to make declarations sought by consent on the basis of a statement of agreed facts in an ACCC instituted proceeding.

24 In ACCC v MSY Technology Pty Ltd (No. 2) [2011] FCA 382 (“ACCC v MSY”), Perram J has since expressed the view that, although declarations as to public rights may be made on the basis of an agreed statement of facts, they may not be made by consent. Rather, such declarations may be made only if a contradictor has contested the relief.

25 Perram J identified the two principal impediments to the making of declarations by consent and on the basis of agreed facts as:

(a) the principle derived from Wallersteiner v Moir [1974] 1 WLR 991 (“Wallersteiner v Moir”) suggesting that declarations should not be made on submissions, but only on evidence (“the evidence requirement”); and

(b) the principle derived from Lord Dunedin’s speech in Russian Commercial and Industrial Bank v British Bank for Foreign Trade Ltd [1921] 2 AC 438 (“Russian Commercial”) suggesting that a declaration may not be made in the absence of a contradictor (“the contradictor requirement”).

26 On a detailed analysis of the judicial antecedents in the above principles, Perram J concluded that the evidence requirement derived from Wallersteiner v Moir was based on a misreading of the authorities and was otherwise unpersuasive.

27 Further, in Perram J’s view, Finkelstein J’s holding in ACCC v Allergy Pathway Pty Ltd (No 2) [2011] FCA 74 that a judge of the Federal Court was bound not to grant a declaration involving a public right in the absence of supportive evidence was based on a misconstruction of the ratio of BMI Ltd v Federated Clerks Union of Australia (1983) 76 FLR 141 (“BMI”).

28 In contrast, Perram J recognised that Forster v Jododex Australia Pty Ltd (1972) 127 CLR 421 (“Forster”) imposed a binding requirement for a proper contradictor. In Forster, Gibbs J (with whom McTiernan, Stephen and Mason JJ agreed on that issue) approved Lord Dunedin’s description of a proper contradictor in Russian Commercial as “some one presently existing who has a true interest to oppose the declaration sought” (at 437 to 438).

29 In Perram J’s view, the majority in BMI (Keely and Beaumont JJ) held that, additionally, a contradictor was “a party arguing against the granting of the relief and that this could not be satisfied where the matter proceeded by consent” (at [32]). Perram J considered that, as the absence of a contradictor (in the sense of a party contesting the declaratory relief sought) was the basis of the majority’s decision in BMI, a single judge of the Federal Court was bound not to make a declaration involving a public right in the absence of a contest on the question.

30 His Honour nevertheless concluded that the majority view in BMI was probably incorrect and acknowledged that, contrary to his understanding of BMI, a large number of declarations by consent had in fact been made by this court.

31 Perram J concluded at [43]:

(d) this court is bound by Forster not to make declarations without a contradictor;

(e) as a matter of correct legal doctrine a contradictor will be present when all proper defendants have been joined and so are bound to the result. They will not cease to be contradictors merely because they consent to the proposed declarations;

(f) BMI has, as its ratio decidendi, the contrary proposition which binds me.

32 While in my view his Honour’s conclusions in sub‑paragraphs 43 (d) and (e) are correct, I am not, with respect, persuaded that the ratio of BMI is such as to preclude single judges of this court from making declarations involving a public right in the absence of a contradictor who contests that relief.

33 In BMI, the applicants, a group of employer organisations, sought three distinct species of relief, viz:

(a) an interpretation under s 110 of the Conciliation and Arbitration Act 1904 (Cth) (“C&A Act”) of certain provisions of a federal award,

(b) declarations under s 21 of the Federal Court of Australia Act 1976 (Cth); and

(c) declarations under s 108 of the C&A Act as “a person interested” that a State award was invalid under s 65 of the C&A Act, in so far as it purported to bind BMI in respect of employees engaged to perform various categories of work within three classifications of the federal award.

34 The applicants’ first two claims were dealt with by a single judge, but the third claim for a declaration under s 108 of C&A Act was required to be heard by the Full Court.

35 The majority (Keely and Beaumont JJ) in their joint reasons observed that there was no opposition at the hearing of the application for the declaration under s 108 of the C&A Act. The applicants presented full argument, but the respondents represented at the hearing merely indicated that they raised no objection to declarations in the terms sought.

36 The majority observed that the discussions of Buckley and Scarman LLJ in Wallersteiner v Moir of the evidence requirement were pertinent to the present case. The majority stated that under s 108(3), the court had a discretion as to whether, in a particular case, it was appropriate to make a declaration and circumstances which must exist for the making of a declaration.

37 Their Honours stated (at 153):

For the reasons advanced by Buckley LJ and Scarman J above we think that it is generally undesirable that the court should grant relief by way of declaratory orders under s. 108 in the absence of any contest on the question.

38 Their Honours contemplated that it might be different if the matter were merely one of private right, but recognised that in the case before them, the declarations, if made, could practically extend well beyond the parties and would be seen to express the court’s views, notwithstanding that it had not had the benefit of any contrary argument.

39 Their Honours proceeded to consider extensively a number of different matters, which also weighed against the exercise of their discretion, including:

(a) The fact that there were no practical benefit or useful purpose from the court’s expression of its views on the question, as it had become, due to the agreement of the parties, academic.

(b) There were doubts about whether the federal award applied to the first applicant, BMI, as BMI may have been a member of an employers’ association expressly excluded from the application of that award.

(d) There was doubt about, and no evidence of, the eligibility of BMI employees for membership of the State union or of any other respondent who consented to the declaration.

(e) The form of the declaration sought was unsatisfactory, because it declared an invalidity limited to certain activities of a particular employer, and, if made, could cause confusion, as it might be assumed that the court had found the State award otherwise valid.

40 Their Honours concluded (at 155) that:

In the circumstances we would decline to make the declaration sought. It is apparent from what we have said that the refusal of the relief sought is made on discretionary grounds…

41 In my opinion, while the majority in BMI characterised a proper contradictor as a party who contested the question, their discussion of that issue was expressly within the context of an application under s 108 of the C&A Act and the peculiar features of the case before them. On my reading of their Honours’ reasons, they did not purport to enunciate absolute requirements for a proper contradictor generally applicable in all contexts. Further, the absence of a proper contradictor (as defined) was but one of a number of factors which the majority proceeded to consider as relevant to the exercise of their discretion. Their Honours noted that the absence of a contradictor who contested the relief sought had a particular impact on some other relevant factors, but it did not appear to be, in itself, decisive. Their Honours’ comprehensive analysis of a number of other relevant factors suggests the contrary.

42 As the joint submissions stated:

77. The true ratio in BMI Ltd is that, as a matter of discretion, the Court was not persuaded to grant the declaratory relief because of a stated concern that such an order could give a misleading impression in relation to activities of parties not before the Court. This (merely) reflects an exercise of discretion in the circumstances of that case. The majority judgment neither states nor purports to state a more general principle of the type identified by Perram J.

78. Further, and in any event, the matters causing concern which presented in BMI Ltd do not present in the circumstances of the present case. Those matters, identified above, that persuaded the Court in BMI Ltd to exercise its discretion to not make the declaration there sought by the applicant are not present in this controversy.

43 For the above reasons, in my opinion, the BMI majority’s requirement for a contradictor contesting the relief sought may be confined to declarations sought under the particular legislation relevant in that case and, moreover, was but one of a number of factors relevant to the exercise of the discretion.

44 Consequently, I considered that in the present case, the requirement for a proper contradictor was satisfied despite the absence of any contest, and it was both permissible and appropriate to make the relevant declarations by consent.

THE PENALTIES

45 In contrast to the relief it sought against the March respondents, the ACCC sought the imposition of pecuniary penalties of $125,000.00 in total between NewLife and Renew You and $30,000.00 on each of Mr Schianetz and Ms Price, to which the relevant respondents consented.

46 The power to impose a pecuniary penalty is conferred by s 76E of the Trade Practices Act, which relevantly provides:

(1) If the Court is satisfied that a person:

(a) has contravened any of the following provisions:

…

(ii) a provision of Division 1 or 1AAA of Part V (other than section 52)...

the Court may order the person to pay to the Commonwealth such pecuniary penalty, in respect of each act or omission by the person to which this section applies, as the Court determines to be appropriate.

(2) In determining the appropriate pecuniary penalty, the Court must have regard to all relevant matters including:

(a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and

(b) the circumstances in which the act or omission took place; and

(c) whether the person has previously been found by the Court in proceedings under Part VC or this Part to have engaged in any similar conduct.

47 Section 76E came into effect on 15 April 2010 and was thereafter repealed, but the Trade Practices Act as in force immediately prior to 1 January 2011 continues to apply to acts or omissions that occurred before that date. While the contravening conduct of the respondents commenced well before 15 April 2010, pecuniary penalties were sought in relation to conduct that took place on or after that date.

Applicable principles

48 Although s 76E was in force for a relatively short time and there are few reported decisions on it, the principles relevant to the purpose and assessment of penalties under s 76 (a similar, albeit not identical, regime) provide guidance. Relevant authorities recognise that the principal purpose of a penalty under s 76 is deterrence, both specific and general.

49 As the joint submissions stated:

102. In TPC v CSR Ltd, French J stated:

"The principal, and I think probably the only, object of the penalties imposed by s.76 is to attempt to put a price on contravention that is sufficiently high to deter repetition by the contravener and by others who might be tempted to contravene the Act."

103. This articulation was repeated by the Full Court of the Federal Court of Australia, in ACCC v High Adventure, where Heerey, Finkelstein and Allsop JJ stated, at [11], that:

"...the principal, if not the sole, purpose for the imposition of penalties for a contravention of the antitrust provisions in Part IV is deterrence, both specific and general. This rule is so well entrenched that citation of authority is unnecessary.”

104. In ACCC v Leahy Petroleum Pty Ltd (No 3), Goldberg J concluded that:

"The penalty imposed must be substantial enough that the party realises the seriousness of its conduct and is not inclined to repeat such conduct. Obviously the sum required to achieve this object will be larger where the Court is setting a penalty for a company with vast resources. However, as specific deterrence is only one element and general deterrence must also be achieved, consideration of the party’s capacity to pay must be weighed against the need to impose a sum which members of the public will recognise as significant and proportionate to the seriousness of the contravention”.

…

142. In ACCC v Gourmet Goody's Family Restaurant Pty Ltd (t/as Steersons Steakhouse), Jagot J imposed the penalties pursuant to section 76E of the TPA for the first time. In that case, the respondents contravened section 53C of the TPA by failing to specify in a prominent way, and as a single figure, the single price for the goods supplied in their restaurant. An agreed pecuniary penalty of $13,200 was imposed against the respondents in respect of each of the two separate proceedings. In imposing the pecuniary penalty, Jagot J commented that:

"...it is important that I record that I am satisfied on the agreed statement of facts that the penalty which the parties have agreed between themselves in [sic] an appropriate reflection of the circumstances of the culpability of each respondent in the proceedings. In reaching this conclusion I have had regard to the fact that a principal object of a penalty under section 76 is deterrence."

50 In ACCC v MSY, Perram J stated at [72]:

There are remarks by a number of first instance judges that suggest that the penalty must be pitched at a sufficiently meaningful level to ensure that the penalties do not come to be seen as merely a cost of doing business... These comments were all made in the context of penalties imposed for breaches of Pt IV but I cannot perceive from s 76E that the Parliament considers these kind of breaches to be less serious. I accept, of course, that the penalty must not be so high so as to be oppressive...

51 In Trade Practices Commission v CSR Ltd (1991) ATPR 41-076 (“CSR”), French J held that in addition to the non‑exhaustive mandatory considerations in s 76 (which are the same as those in s 76E(2)(a)-(c)), relevant factors to the assessment of penalty recognised in the authorities included:

1. The nature and extent of the contravening conduct.

2. The amount of loss or damage caused.

3. The circumstances in which the conduct took place.

4. The size of the contravening company.

5. The degree of power it has, as evidenced by its market share and ease of entry into the market.

6. The deliberateness of the contravention and the period over which it extended.

7. Whether the contravention arose out of the conduct of senior management or at a lower level.

8. Whether the company has a corporate culture conducive to compliance with the Act, as evidenced by educational programs and disciplinary or other corrective measures in response to an acknowledged contravention.

9. Whether the company has shown a disposition to co-operate with the authorities responsible for the enforcement of the Act in relation to the contravention.

52 In subsequent decisions on s 76, courts considered other factors including the respondent’s financial position, whether the respondent has engaged in similar conduct in the past, and whether the conduct was systematic, deliberate or covert (see, for example, J McPhee & Son (Australia) Pty Ltd & Ors v ACCC (2000) 172 ALR 532; NW Frozen Foods Pty Ltd v Australian Competition and Consumer Commission (1996) 71 FCR 285 (“NW Frozen Foods”); ACCC v April International Marketing Services Australia Pty Ltd (No 5) [2010] FCA 17).

53 The joint submissions also referred to Hartnell v Sharp Corporation of Australia Pty Ltd (1975) 5 ALR 493, where, in relation to criminal fines for making false representations that goods were of a particular standard, Smithers J stated (at 497) that the following matters were relevant:

(a) the importance of untrue statements and the departure from standards;

(b) the degree of wilfulness or carelessness in the making of the statements;

(d) the degree that the statement has been disseminated;

(e) what efforts have been made to correct the situation; and

(f) finally, to look at it in the context of the Trade Practices Act and to consider the deterrent effect of any penalty that must be imposed.

54 The factors identified in CSR and subsequent cases on s 76 have been applied in decisions on s 76E, (save for the contravenor’s degree of market power (see, for example, ACCC v Global One Mobile Entertainment Ltd [2011] FCA 393; ACCC v MSY; ACCC v Yellow Page Marketing BV (No 2) [2011] FCA 352)).

55 The Court must satisfy itself that a penalty jointly advocated by the parties is appropriate. As Branson, Sackville and Gyles JJ stated in Minister for Industry, Tourism & Resources v Mobil Oil Australia Pty Ltd [2004] FCAFC 72, the decision in NW Frozen Foods established the following propositions:

(i) It is the responsibility of the Court to determine the appropriate penalty to be imposed…

(ii) Determining the quantum of a penalty is not an exact science. Within a permissible range, the courts have acknowledged that a particular figure cannot necessarily be said to be more appropriate than another.

(iii) There is a public interest in promoting settlement of litigation, particularly where it is likely to be lengthy. Accordingly, when the regulator and contravenor have reached agreement, they may present to the Court a statement of facts and opinions as to the effect of those facts, together with joint submissions as to the appropriate penalty to be imposed.

(iv) The view of the regulator, as a specialist body, is a relevant, but not determinative consideration on the question of penalty…

(v) In determining whether the proposed penalty is appropriate, the Court examines all the circumstances of the case. Where the parties have put forward an agreed statement of facts, the Court may act on that statement if it is appropriate to do so.

(vi) Where the parties have jointly proposed a penalty, it will not be useful to investigate whether the Court would have arrived at that precise figure in the absence of agreement. The question is whether that figure is, in the Court’s view, appropriate in the circumstances of the case. In answering that question, the Court will not reject the agreed figure simply because it would have been disposed to select some other figure. It will be appropriate if within the permissible range.

56 In ACCC v Le Sands Restaurant & Ors [2011] FCA 105 (“ACCC v Le Sands”), Jagot J adopted (at [12]) the ACCC’s submissions that:

[p]rovided the Court is satisfied that the terms of the orders are appropriate, it is in the public interest for the Court to make orders on the terms that have been agreed between parties so as to encourage negotiated settlements.

Totality and parity

57 The principles applicable to criminal sentencing set out in Markarian v The Queen (2005) 228 CLR 357 were transposed to civil penalties under s 76 (and by analogy, under s 76E) by Gyles J in ACCC v Liquorland (Australia) Pty Ltd [2005] FCA 683. The considerations of totality and parity relevant to criminal sentencing also apply in the present context. In ACCC v Telstra Corporation Ltd (2010) 188 FCR 238, Middleton J stated (at 277):

Application of the totality principle requires the Court to review the entirety of the conduct and to determine whether the proposed penalty is appropriate “as a whole”…

The rationale underlying the totality principle is to ensure that the proposed penalty is not out of proportion with the conduct giving rise to the contraventions when viewed collectively, and to ensure the penalty is accordingly just and appropriate from the perspective of that collective assessment.

58 In ACCC v Leahy Petroleum (No 3) (2005) 215 ALR 301, Goldberg J described the parity principle as follows (at [43]):

When dealing with several respondents whose situation and culpability are not the same, it is inevitable that different penalties will be imposed. Nevertheless it is necessary to bear in mind what is generally referred to as the parity principle. All other things being equal, similar conduct should be deserving of similar penalties. Of course, as the Full Court said in NW Frozen Foods… “other things are rarely equal where contraventions of the Trade Practices Act are concerned”. It is also desirable to bear in mind the penalties that have been imposed in past cases. A dramatic departure from previous practice might be seen as representing unjustifiable disparity but may also demonstrate that a level or quantum of previous penalties may, now in the present circumstances under consideration, be regarded as inadequate.

Recent decisions in relation to s 76E

59 As stated above, there are only a few decisions dealing with the imposition of pecuniary penalties under s 76E of the Trade Practices Act.

60 In ACCC v Gourmet Goody’s Family Restaurant Pty Ltd (t/as Steersons Steakhouse) [2010] FCA 1216 (“Gourmet Goody’s”), Jagot J imposed an agreed pecuniary penalty of $13,200 against the respondents pursuant to s 76E for publishing menus which did not prominently state, as a single figure, the single price for the goods supplied in their restaurants.

61 The cases of ACCC v Le Sands and ACCC v AI Constructions (ACT) Pty Ltd [2010] FCA 1377 (“ACCC v AI Constructions”) involved similar contraventions by cafÉs, for which pecuniary penalties of $15,000 and $20,000 were imposed respectively.

62 In ACCC v CI & Co Pty Ltd [2010] FCA 1511 (“ACCC v CI”), North J imposed an agreed pecuniary penalty of $50,000 against the second respondent for selling eggs labelled “free range” or “fresh range Omega 3” when they were, in fact, cage eggs. In imposing this penalty, his Honour considered, inter alia, the following factors:

(a) the contravening conduct occurred over a relatively short period of time;

(b) the second respondent had not previously been found to have contravened the Trade Practices Act;

(d) the conduct involved a high degree of dishonesty, and was extremely difficult to detect (because once eggs were placed in cartons, it was impossible to determine whether or not they were free range);

(e) the conduct was a “cruel deception” on consumers who hope to “advance the cause of animal welfare” by seeking out free range eggs as a matter of principle; and

(f) given that this type of conduct was apparently a problem in the egg industry, it was necessary to send a message that such conduct would be dealt with quickly.

63 The respondents’ contraventions in the present case were considerably more serious than the conduct in Gourmet Goody’s, ACCC v Le Sands, ACCC v AI Constructions and ACCC v CI, as they posed a grave risk of serious harm to the health and safety of consumers, including children.

64 Moreover, during the relevant period, the promulgation of contravening representations was relatively prolific and effected through diverse media, including websites, video recordings and an electronic book.

65 While there was no evidence of actual injury, illness or harm to any person, the serious risks associated with respondents’ conduct, including to children, required the imposition of penalties sufficiently substantial to deter the respondents from any repetition and to deter other persons from similar contraventions.

66 Mr Schianetz and Ms Price are or were, between them, directors and remain owners of almost all of the issued shares in the corporate respondents. The contraventions plainly arose out of the conduct of senior management of the corporate respondents. It is also clear that the corporate respondents did not, at the relevant time, have a culture conducive to compliance with the Trade Practices Act. No compliance program was in place. Neither Mr Schianetz or Ms Price had undertaken any trade practices compliance training, and the respondents’ contravening conduct occurred over the course of almost a year after the ACCC had forwarded to Mr Schianetz (which was subsequently provided to the ninth respondent) a copy of Finkelstein J’s orders in ACCC v Allergy Pathway Pty Ltd [2009] FCA 960 (“ACCC v Allergy Pathway”), a case involving misleading representations in relation to allergy diagnosis and treatment with similar facts to the present case.

67 There were, however, a number of factors in mitigation. The respondents had not previously been found to have contravened Part V of the Trade Practices Act. They co‑operated with the ACCC, acknowledged liability, expressed regret and undertook not to repeat the contraventions. According to the parties’ joint submissions, “The Respondents regret the contravening conduct and have no intention of repeating it”. The respondents’ co‑operation avoided the need for complex and lengthy litigation.

68 It is also necessary to consider the respondents’ capacity to pay. The penalty should not be oppressive, but equally, should not represent a mere price of doing business. The penalties proposed by the parties are towards the low end of the range, given the seriousness of the contraventions.

69 The respondents’ generation of over $3 million in revenue for their “allergy treatments” of over 1,500 patients prior to the period of the contraventions may have suggested a relatively large scale of business and a high level of profit and prosperity, thus requiring higher pecuniary penalties. The length of time in which the $3 million in revenue was generated and the profit component were, however, unspecified. Nor was there evidence of the revenue or net profit produced by the treatments or the number of patients treated during the period of contravention. The statutory declarations and financial statements filed by Mr Schianetz and Ms Price indicated, and the investigations of the ACCC confirmed, that the respondents’ financial circumstances were modest and the scale of the business small.

70 In light of all the above circumstances, I was satisfied that the total penalty of $185,000.00 was proportionate to the entirety of the respondents’ contravening conduct, and that the penalties of $125,000.00 for each corporate respondent and $30,000.00 for each individual respondent satisfied considerations of parity.

71 The individual respondents almost wholly owned the corporate respondents and also controlled them. An aggregate penalty of $185,000.00 was, in my view, sufficient to deter the individual respondents from like future contraventions without being oppressive, and to achieve general deterrence.

72 The pecuniary penalties proposed by consent were therefore, in my opinion, appropriate.

CONCLUSION

73 I was satisfied that the declarations and orders should be made and the undertakings accepted in the terms proposed.

I certify that the preceding seventy-three (73) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dodds-Streeton.

Associate:

Dated: 30 May 2011

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